ROHIT SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/2353/2025 · 2025-03-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129159 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16262 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2353 of 2025 Applicant :- Rohit Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhinav Singh holding brief of Sri Ramakar Shukla, the learned counsel for the applicant and Ms. Charu Singh, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 181/2024, under Sections 147, 148, 149, 34, 307, 302, 504, 506 IPC, Police Station Kotwali Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 06.06.2024 against three named persons, not including the applicant, and 4 to 5 unknown persons, stating that all the accused persons assaulted the informant's sons Rohit Saroj and Neeraj Saroj, with sticks causing grievous injuries in the head of both of them and thereafter all of them escaped. Rohit Saroj died while he was being taken to a hospital in an ambulance and Neeraj Saroj was being treated in a hospital. One Shivam Saroj stated before the Investigating Officer that the applicant was also involved amongst the assailants. He stated that Rahul had assaulted on Rohit's head with a thick wooden stick. All other persons had assaulted with kicks and fists. 4. In the affidavit filed in support of the bail application, the applicant's involvement in Case Crime No. 691/2023, under Section 307 IPC, Police Station Kotwali Nagar, District Pratapgarh has been disclosed in which he has been granted bail by means of order dated 14.12.2023 passed by the Sessions Judge. 5. Co-accused persons Deepu alias Sandeep Kumar Saroj, Vijay @ Chikhuri, Anil Saroj and Golu alias Ritesh Saroj have been granted bail by means of orders dated 10.01.2025, 05.02.2025, 05.03.2025 & 07.03.2025 passed by this Court in Criminal Misc. Bail Application Nos. 244 of 2025, 11919 of 2024, 1866 of 2025 and 1955 of 2025 respectively. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; that in the statement of an eyewitness, it has been alleged that the applicant was also involved in beating the deceased with kicks and fists whereas allegation of causing head injury has been levelled on an other co-accused person and four co-accused persons have already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Rohit Saroj be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution
evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 20.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench