ROHIT KUMAR SONI ALIAS ROHIT SONI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO.
NABAIL/40/2025 · 2025-01-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116623 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3546 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 40 of 2025 Applicant :- Rohit Kumar Soni Alias Rohit Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. Counsel for Applicant :- Sarvesh Kumar Pandey,Vineetapandey Counsel for Opposite Party :- G.A.,Shri Ram Maurya Hon'ble Shree Prakash Singh,J. Sri Sagar Singh, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Sagar Singh, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0821 of 2024, under sections 109, 115(2), 352 and 351(3) of B.N.S.,2023 P.S.- Kotwali District - Unnao. The contention of counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant was not present at the spot and the main role is assigned to one Nitin Mishra. He added that due to enmity, the name of the present applicant is implicated and there is no ample evidence against him. He also submits that there is acute apprehension that the applicant will be arrested by the police and thus, submission is that he may be granted anticipatory bail.
Learned counsel for the complainant and learned A.G.A. for the State have vehemently opposed the contentions aforesaid and submits that the injured has named the present applicant and it has specifically been stated that the applicant as well as one another accused namely, Nitin Mishra have beaten the injured with bat & iron rod respectively and the injured has received serious injuries thus, submission is that the applicant is not entitled for any relief. Having heard learned counsels for the parties and after perusal
of material placed on record, it transpires that the applicant is named by the injured and the weapon i.e. the bat has also been assigned to him; the nature of the injuries is serious and that too corroborates the statement of the injured and therefore, the present applicant/accused is not entitled for any relief.
Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused and the gravity of offence, the instant anticipatory bail application is hereby dismissed. Consigned to records.
Order Date :- 20.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench