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2026 DAILYLAW 10068 (ALL)

ROHIT v. STATE OF U.P. AND ANOTHER

NABAIL/9262/2026 · 2026-09-29

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9262 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.428 of 2024, under Section 309(4) B.N.S., Police Station- Cant, District- Gorakhpur, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above- mentioned case. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. There is no direct evidence against the applicant. The name of the applicant has been disclosed in the confessional statement of the co-accused Yogesh, Rahul and Prince and from the possession of the co-accused two motorcycles were recovered. Learned counsel has stated that on the basis of the same recovery memo the applicant has been implicated in two cases and in one case the applicant has been granted anticipatory bail by this Court vide order dated 23.09.2026. The applicant is not a previous convict. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but does not dispute the explanation given by the applicant regarding Versus Counsel for Applicant(s) : Manvendra Narain Pathak Counsel for Opposite Party(s) : G.A. Rohit .....Applicant(s) State of U.P. and Another .....Opposite Party(s) his criminal antecedents. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. The name of the applicant has been disclosed in the confessional statement of the co-accused. The applicant has similarly been considered for grant of anticipatory bail by this Court in Case Crime No. 428 of 2024. The applicant does not have any other criminal case to his credit. Except the confessional statement of the co-accused, there is no other direct evidence against the applicant. 7. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant Rohit, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission NABAIL No. 9262 of 2026 2 of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 30, 2026 Sachin NABAIL No. 9262 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad