Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20744 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46469 of 2024 Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rohtas seeking enlargement on bail in Case Crime No. 320 of 2022, under Section 307 of the Indian Penal Code, Police Station Jait, District Mathura. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. It is further submitted that applicant has not committed any offence as alleged in the FIR. There is no specific allegation against the applicant. It is no injury case. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 20.04.2023. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rohtas 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 9. 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. 10.
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 :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad