Rohit Nishad Alias Rohit Chaudhary vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40532 of 2025

Rohit Nishad Alias Rohit Chaudhary

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Beerendra Pratap Singh
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Beerendra Pratap Singh, learned counsel for the applicant, Sri Alok Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.106 of 2025, under Sections 115(2), 352, 351(3), 140(1) Β.N.S., Police Station Rasra, District Ballia.

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Contention of learned counsel for the applicant is that the victim himself lodged an FIR for the incident dated 13.03.2025. Thereafter statement under Section 180 BNSS was also recorded on 17.03.2025 in that statement he again named four persons against whom allegation has been made in the FIR. Subsequently after more than three months another statement of victim was recorded on 01.07.2025 under Section 180 BNSS in which he apart from four named accused also named five other persons including the applicant regarding involvement in abduction and beating. It is further submitted that the applicant has been falsely implicated as if the applicant was involved in the incident in question then his name would have been mentioned in the FIR as well as first statement of victim. It is also submitted that the applicant has no criminal history and he is languishing in jail since 20.10.2025. It is further submitted that the other co-accused Nitish Alias Nitesh Rajbhar and Ajit Yadav have already been released on bail by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.36437 of 2025 vide order dated 10.11.2025. Therefore, the applicant is also entitled

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BAIL No. 40532 of 2025

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to be released on bail on the ground of parity. In case the applicant is released on bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Rohit Nishad Alias Rohit Chaudhary involved in the aforementioned crime be released on bail, on his 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 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court

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BAIL No. 40532 of 2025

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Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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(Arun Kumar Singh Deshwal,J.)

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November 18, 2025 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Rohit Nishad Alias Rohit Chaudhary v. State of U.P.

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Rohit Nishad Alias Rohit Chaudhary v. State of U.P.

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