Rohit vs State of U.P.

Neutral Citation No. - 2025:AHC:56657

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12528 of 2025

Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Syed Mohammed Jafer Husain, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 73 of 2024, under Sections 103(1) BNS, Police Station Jafarganj, District Fatehpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith two others i.e. co-accused Anil @ Ghamandi Lal and Manoj Kumar @ Monu but it reflects that merely on the basis of suspicion, applicant and others have been made accused in the present matter and after considering entire facts of the case, co-accused Anil @ Ghamandi Lal and Manoj Kumar @ Monu have been released on bail by this Court and their bail order has been annexed at page 32 of the paper book and on facts, case of applicant is at par with them.

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He further submitted that applicant is having no criminal history and in the present matter, applicant is in jail since 11.7.2024 i.e. for last more than nine months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the arguments advanced by learned counsel for the applicant and the fact that two similarly placed co-accused Anil @

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Ghamandi Lal and Manoj Kumar @ Monu have already been released on bail by this Court and applicant is having no criminal history and in the present matter, applicant is in jail since for last more than nine months, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rohit, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 17.4.2025 Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Rohit v. State of U.P.

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Rohit v. State of U.P.

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