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2025 DAILYLAW 111036 (ALL)

ROHIT DOHARE v. STATE OF U.P.

BAIL/45583/2024 · 2025-03-02

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29864 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45583 of 2024 Applicant :- Rohit Dohare Opposite Party :- State of U.P. Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed on behalf of applicant is taken on record. Heard Sri Hare Krishna Tripathi, learned counsel for the applicant and Shri S.K. Rai, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Rohit Dohare, seeking enlargement on bail in Case Crime No. 224 of 2024, under Sections 109, 3(5), 221, 310 (4), 310 (5) of B.N.S., and 3/25 Arms Act, 1959, Police Station-Moth, District- Jhansi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 07.09.2024. First Information Report has been lodged on 07.09.2024 against 5 named persons including the applicant. Criminal history of the applicant has been explained in para 3 of the supplementary affidavit in which he has been granted bail by the court below. It is further argued that the co-accused Pooran Yadav has been enlarged on bail by this Court vide order dated 21.01.2025, therefore, the applicant is also entitled for bail on the ground of parity and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, enlargement of co- accused, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rohit Dohare, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad