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2025 DAILYLAW 103988 (ALL)

ROHIT KANNAUJIYA v. State of UP

NABAIL/10093/2024 · 2025-07-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122014 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10093 of 2024 Applicant :- Rohit Kannaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Ali Jamal Khan,Sr. Advocate Counsel for Opposite Party :- G.A.,Prateek Mishra,Siddhartha Baghel Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for first informant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 157 of 2024, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Kotwali Katra, District Mirzapur, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that vide order dated 17.10.2024 this Court has granted interim anticipatory bail to the applicant till the next date of listing. There is no report that applicant is not complying with the conditions enumerated in the order dated 17.10.2024 granting interim protection to him or he is not cooperating with the investigation. He further submits that after passing of the aforesaid order dated 17.10.2024 till date more than eight months are passed but till date no charge sheet has not been filed in the matter as yet, therefore, applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. informed that as per his instructions in this matter charge sheet has not been filed as yet and there is every likelihood that the same may be filed at the earliest before the court concerned. 5. Learned counsel for the informant, however, has opposed the anticipatory bail application. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Rohit Kannaujiya, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 24.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad