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2025 DAILYLAW 107338 (ALL)

ROHIT KUMAR PASWAN v. STATE OF U.P.

BAIL/42263/2024 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104136 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42263 of 2024 Applicant :- Rohit Kumar Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pal,Shubhankar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajesh Kumar Pal, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 852 of 2024, under Sections 305, 331(4), 317(2) of the B.N.S., Police Station- Indrapuram, District- Ghaziabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that co-accused, Jeetan Paswan, Jitendra Alias Jeetan Shahni, Siraj Miyan, Roshan Jaiswal and Rahul Paswan, have already been enlarged on bail by coordinate Benches of this Court vide orders dated 02.05.2025, 17.03.2025, 14.05.2025, 22.05.2025 and 22.05.2025 passed in Criminal Misc. Bail Application Nos. 11817 of 2025, 3822 of 2025, 16354 of 2025, 17583 of 2025 and 16687 of 2025 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal antecedents to his credit. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 29.08.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused persons who have already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Rohit Kumar Paswan, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad