Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51428 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10171 of 2025 Applicant :- Rohit Kumar Ram Opposite Party :- State of U.P. Counsel for Applicant :- Farhan Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant-Rohit Kumar Ram, seeking enlargement on bail in Case Crime No. 57 of 2025, under section 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station-Kotwali Deoria, District-Deoria.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.01.2025.
Learned counsel for the applicant submits that the applicant is not named in the First Information Report. His name has been surfaced in the statement of the injured. Learned counsel for the applicant further submits that the injured is step mother of the applicant and she has been falsely implicated the applicant. The real fact is that neither the applicant nor his father has beaten the injured. Recovery has been shown from one of the other co-accused Vijay Bahadur. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of
tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rohit Kumar Ram, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad