The Allahabad High Court has allowed the second bail application of Rizwan Solanki, brother of MLA Irfan Solanki, accused in the case of voluntarily causing hurt to extort property.

A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Rizwan Solanki.

By means of the second bail application the applicant has prayed to be enlarged on bail in Case at Police Station- Jajmau, District- Kanpur Nagar under Sections 436, 506, 147, 327, 427, 386, 504, 120B IPC. The applicant has been in jail since 02.12.2022.

The first bail application of the applicant was rejected by the Court on 25.01.2023.

Counsel for the applicant submitted that the trial is on foot. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant has not influenced any witnesses or tampered with the evidence.

Counsel for the applicant further submitted that the applicant wishes to gather evidence and tender his defence to absolve himself of the charges. The trial is at the stage of defence evidence.

Counsel for the applicant also submitted that prolonged incarceration has incapacitated the applicant from tendering an effective defence of his case to refute the prosecution case and establish his innocence. The applicant has made an application to tender his defence evidence.

Counsel for the applicant said that the applicant has explained his criminal history.

It is contended that the applicant is a convenient scapegoat for the police authorities to falsely implicate him in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the bail application.

Counsel for the applicant further said that the applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

In the light of the preceding discussion and without making any observations on the merits of the case, the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant-Rizwan Solanki be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

In case the applicant adopts dilatory tactics or impedes the progress of the trial, the trial court shall record a finding to this effect and cancel the bail granted to him without recourse to this Court.

The Allahabad High Court has rejected the bail of three-time MLA Irfan Solanki from Kanpur saying that a lawmaker cannot become a lawbreaker.

A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Irfan Solanki.

The bail application under Section 439 CrPC has been filed by the applicant seeking bail in FIR under Sections 436, 506, 147, 327, 427, 386, 504 and 120B IPC, Police Station Jajmau, District Kanpur.

The accused-applicant is 3rd time Member of Legislature Assembly of the State of UP.

As per the FIR, the accused-applicant and his brother, co-accused Rizwan Solanki have been torturing, harassing and intimidating the complainant to grab her property.

It is further alleged that these people had conspired, and as a result of criminal conspiracy, three members of the family of the complainant were killed including her husband and two sons. Several times, the accused applicant, his brother and his goons have given threats to the complainant to leave the premises where she has got a small residence and transfer land to his brother.

On 07.11.2022 when the complainant and his family had gone to attend a wedding, allegedly the brother of the accused-applicant and his goons came there and set the house on fire.

During the course of investigation, burnt articles have been recovered and were sent to forensic science examination. In forensic science examination, it was found that these articles were burnt by some inflammatory substance.

“The petitioner has a long criminal history of 15 cases. A lawmaker cannot become a law breaker. Considering the long checkered criminal history of the accused-applicant and the fact that he is a lawmaker, who allegedly has broken and taken the law in his hand, this Court does not consider it to be a fit case for enlarging the accused-applicant on bail at this stage”, the Court observed while rejecting the bail application.