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2025 DAILYLAW 29841 (ALL)

ROHIT KUMAR v. STATE OF U.P.

BAIL/9090/2025 · 2025-04-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52772 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9090 of 2025 Applicant :- Rohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anant Ram Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri R.B. Gupta, Advocate holding brief of Sri Anant Ram Gupta, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 377 of 2024, under Section 64 of BNS, Police Station - Sirsaganj, District Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The applicant is the brother of sister-in-law of the victim. The allegations are per se false. The applicant is 19 years old youth while the victim is 26 years old lady. 5. Learned counsel has also stated that the instant case has been foisted out of vengeance. The case of property dispute has been converted into criminal one by the informant. There is no criminal history of the applicant. The applicant is languishing in jail since 29.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Rohit Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 10.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad