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2026 DAILYLAW 3762 (ALL)

ROHIT KUMAR v. STATE OF U.P.

BAIL/5379/2026 · 2026-05-04

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5379 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Puneet Bhadauria, learned counsel for the applicant, Sri Kaushlendra Singh, learned counsel for the informant and Sri Ghanshyam Mishra, learned brief holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.570 of 2024, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali Chhibramau, District Kannauj, during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation, applicant along with other co-accused duped the informant as he is one of the witnesses in the alleged forged sale deed executed in favour of co-accused Manjit Singh Shakya. 4. He next submits, merely because applicant was one of the witness of alleged sale deed, it can not be said that he also involved in the alleged fraud and cheating. 5. He next submits, applicant is not having any previous criminal history and in the present matter he is in jail since 4.9.2025 i.e. for last seven months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit, applicant also involved in the present matter along with co-accused Manjit Singh Shakya but they could Versus Counsel for Applicant(s) : Puneet Bhadauria Counsel for Opposite Party(s) : G.A., Kaushlendra Singh, Rashmi Singh Rohit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) not dispute the fact that Manjit Singh Shakya appears to be prime accused and applicant is only one of the witness in the alleged forged sale deed which was executed in favour of the Manjit Singh Shakya. 7. They further could not dispute the fact that applicant is not having any previous criminal history and all the alleged offences are triable by Magistrate and in the present matter applicant is in jail for last seven months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant and other co-accused by playing fraud got executed sale deed of the informant but it reflects, sale deed was executed in favour of the co-accused Manjit Singh Shakya and applicant was only one of the witness in the alleged sale deed. 10. Further, applicant is not having any previous criminal history and all the alleged offences are triable by Magistrate and in the present matter applicant is in jail for last seven months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant -Rohit Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. BAIL No. 5379 of 2026 2 (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 5, 2026 S.A. BAIL No. 5379 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad