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Neutral Citation No. - 2025:AHC:110437 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23759 of 2025 Applicant :- Rohit Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sandip Kumar Shukla,Zahid Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Sandip Kumar Shukla, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that similarly situated co-accused namely, Nitin Chaudhary, Krishna Avtar, Shailendra Kumar, Ankit Sharma and Onkareshwar Mishra Karan have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 23.05.2025, 29.05.2025, 02.06.2025, 24.06.2025 and 25.06.2025 passed in Criminal Misc. Bail Application Nos. 17744 of 2025, 18347 of 2025, 19008 of 2025, 21526 of 2025 and 20917 of 2025 respectively, copy of which have been produced before this Court and are taken on record. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. Criminal history of four cases against the applicant is also explained in the supplementary affidavit filed today, which is taken on record. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.06.2025. 3. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail,
however, could not dispute the submissions of learned counsel for the appellant with regard to parity. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant, Rohit Tyagi be released on bail in Case Crime No. 31 of 2025, under Sections 318(4), 316(3), 338, 351(2), 336(3), 340(2) and 111 (2) of B.N.S., Police Station Gunnaur, District Sambhal, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.
Order Date :- 10.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad