ROHIT SONI @ ROHIT KUMAR SONI v. STATE OF U.P. THRU. PRIN SECY. HOME DEPTT. LKO.
BAIL/9220/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166471 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166471 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9220 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Ratnesh Kumar Rawat, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0821 of 2024, under Sections 109, 351(3), 115(2), 352 of BNS, 2023, registered at Police Station Kotwali, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.11.2024 against 3 named persons, including the applicant, and an unnamed person stating that all the accused persons tried to forcibly abduct the complainant and then the applicant's brother and other persons tried to save him, all the accused persons started beating him and his brother. It is alleged that co-accused Ashish Dwivedi attacked the complainant's brother Vishal with a knife and he also fired a shot with a pistol. The F.I.R. merely states that the applicant was also involved in commission of the offence. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in two other cases has been disclosed in the affidavit filed in support of the bail application, in one of which he has been granted bail and the other case has been instituted after lodging of the present F.I.R. and in that case notice under Section 35(3) of BNSS has been issued to him. 6. The injury report of the victim mentions a contusion on right elbow and Versus Counsel for Applicant(s) : Ratnesh Kumar Rawat Counsel for Opposite Party(s) : G.A., Sagar Singh Rohit Soni @ Rohit Kumar Soni .....Applicant(s) State Of U.P. Thru. Prin Secy. Home Deptt. Lko. .....Opposite Party(s)
an abrasion of left fist and complain of pain on elbow and arm. No other injury was suffered by the injured person. 7. Learned A.G.A. has opposed the bail application and he has submitted that the investigation in the matter is still going on. 8.
Learned counsel for the complainant has also opposed the bail application and he has submitted that the applicant was involved with other co-accused persons in attempting to abduct the complainant and upon resistance, he assaulted the persons. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of assaulting with a knife and firing with a pistol are not supported by the findings of the medico-legal examination report and that there is no allegation that the applicant has caused any injury to any person, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant - Rohit Soni @ Rohit Kumar Soni 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. September 25, 2025 S. Shivhare BAIL No. 9220 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench