Rizwan vs State Of U.P. And 3 Others

1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 27.4.2026.

2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Ms. Samra Ushmani, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.53 of 2025, under Sections 137(2), 70(2), 115(2), 351(3) BNS and 5G/6 POCSO Act, Police Station Phugana, District Muzaffarnagar, during the pendency of trial.

4. Learned Senior counsel for the applicant submits that similarly placed co-accused, Yameen, has been granted bail by this Court vide order dated 24.3.2026 in Criminal Misc. Bail Application No.30542 of 2026, hence, the applicant, having an identical role and no criminal history, is entitled to bail on parity. He is in jail since 6.3.2026 and will not misuse the liberty of bail.

5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

6. Considering the facts and circumstances of the case and taking into consideration the fact that similarly placed co-accused person has already been enlarged on bail, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

7. Let the applicant- Rizwan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 6, 2026

Vikas Verma