Allowed

Rohit v. State of U.P.

Allahabad HC5 Aug 2022BAIL/16797/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant Rohit, accused of rape under IPC 376(D) along with a co-accused already on bail, was granted bail. The Court found his case to be on a better footing, allowing him to release on bond without expressing opinion on merits.

What did the court decide?

Released on bail furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Rohit Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16797 of 2022

¶3

Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Shrivastava,Dinesh Kumar Singh,Gaytri Rajput,Hemlata Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case with allegation that he assisted by closing mouth of the victim for committing rape by co-accused Shivam who has already been granted bail by coordinate Bench of this Court on 29.6.2022 through Criminal Misc. Bail Application No. 26922 of 2022. Since the role of this applicant is on better footing to the role of co-accused, the applicant is also entitled for bail. Further submitted that the allegation of rape was made against co-accused Shivam and no such allegation has been made against this applicant. There is no criminal history against the applicant. He is languishing in jail since 22.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned AGA opposed the prayer for bail.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused person has already been granted bail and the case of the present applicant is on better footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Rohit involved in Case Crime No. 74 of 2021, under Sections 376(D) 506, 34 I.P.C. P.S. Jariya, District Hamirpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶13

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶14

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 or tamper with the evidence.

¶15

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶16

Order Date :- 5.8.2022 A. Singh

¶17

Digitally signed by ANURAG SINGH Date: 2022.08.06 17:33:24 IST Reason: Location: High Court of Judicature at Allahabad

Rohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Faisal Vs State of U.P.

Asif @ Ashu Pathan Vs State of U.P. and 3 Others

Ravi Kumar Vs State of U.P. and 3 Others

Vipin Kumar Vs State of U.P.

Durgesh Gupta @ Lalla Vs State of U.P.

Abhishek Vishnoi @ Golu Vs State of U.P. through Secretary Home