ROHIT RAWAT v. STATE OF U.P. THRU. HOME. DEPTT. LKO
BAIL/9425/2024 · 2025-08-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157244 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9425 of 2024 Applicant :- Rohit Rawat Opposite Party :- State Of U.P. Thru. Home. Deptt. Lko Counsel for Applicant :- Prem Kumar Srivastava,Dharmendra Kumar Misra Counsel for Opposite Party :- G.A.,Vinay Kumar Mishra Hon'ble Karunesh Singh Pawar,J. Heard, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the records. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 183 of 2024, under Sections 323, 504, 506, 341, 308, 302 I.P.C., registered at Police Station Gangaghat, District Unnao. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.04.2024 against one Rohit Rawat and three other unnamed persons stating that while the informant was returning from his college at about 3.00 p.m. on 10.04.2024 the named accused Rohit Rawat who lives in the neighborhood of the informant threw water on the informant which fell on his bag also in which his laptop was kept. An altercation followed in which the accused persons had beaten up the informant. The informant went to the police to give a complaint of the incident and while returning from the police station the accused persons again assaulted the informant and his brother. The informant's brother was taken to the hospital where he died during treatment on 27.04.2024. The injury form of the informant's brother mentions a lacerated wound over middle of parietal bone, multiple contused swelling over head and contused swelling over left side of forehead. The postmortem examination report mentions a stitched wound on top of head and contused swelling on right side of skull and the cause of death has been opined to be coma due to ante mortem head injury. The informant's injury report mentions abrasions near right eye, on right scapular region, on right lower scapular region, on right shoulder and over left forearm and contused swelling over right side of face and over middle finger of left hand. The injured, in his statement under Section 161 Cr.P.C., has
assigned a general role of assault with a stick to all the accused persons. The applicant submits that co-accused Bablu and Dheeraj, who were assigned a similar role, have been granted bail by a coordinate bench of this Court vide orders dated 23.04.2025 and 29.04.2025 respectively.
The applicant has explained his criminal history in a supplementary affidavit and has been languishing in jail since 13.04.2024. Learned AGA has opposed the prayer for bail but could not contradict the aforesaid submissions. Perused the record. On due consideration of the role assigned to the applicant by the injured in his statement under Section 161 Cr.P.C., the bail orders of co-accused Bablu and Dheeraj, and the criminal history as explained in the supplementary affidavit, as well as the fact that the applicant has been in jail since 13.04.2024, and without expressing any opinion on the merits of the case, I find it a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Rohit Rawat, be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 21.8.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench