Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116019 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24588 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. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
2. Heard Sri Sandip Kumar Shukla, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A for the State, and perused the record.
3. 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, Abhinesh Raghav, Ankit Sharma and Ravi Sharma have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 04.06.2025, 23.06.2025 and 03.07.2025 passed in Criminal Misc. Bail Application Nos. 18460 of 2025, 20739 of 2025 and 18486 of 2025, copy of orders have been annexed with the bail application. 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. 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 10.06.2025.
4. Learned AGA has 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.
5. 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.
6. Let the applicant, Rohit Tyagi, be released on bail in Case Crime No. 26 of 2025 at Police Station Gunnaur, District Sambhal under Sections 318(4), 316(3), 338, 351(2), 336(3), 340(2), 111(2) of BNS, 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. v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. vi) 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.
7. 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 :- 17.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad