Rohtash Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Rohtash Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant-Rohtash s/o Bhagwan Singh in Case Crime No.414 of 2021: release on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with prosecution evidence/no intimidation of witnesses, sincere cooperation in trial without seeking adjournments, and abstention from criminal activity after release; breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

Issue for consideration

Whether the applicant Rohtash, named in Case Crime No.414 of 2021 (Sections 147, 148, 149, 307, 333, 353, 504, 506, 427 IPC and Section 7 of Criminal Law Amendment, Police Station Barsana, District Mathura), should be enlarged on bail during the pendency of the trial before the court below.

Court's answer

It is apparent from the first information report that none of the accused persons were arrested on the spot and the name of the accused surfaced from a certain paper lying in the recovered vehicle; accordingly, the bail application is allowed, the Court expressly refraining from expressing any opinion on the merits of the case.

Ratio / Principle

The applicant-Rohtash s/o Bhagwan Singh is to be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the conditions that he (i) shall not tamper with prosecution evidence by intimidating or pressurizing witnesses during investigation or trial, (ii) shall cooperate in the trial sincerely without seeking adjournments, and (iii) shall not indulge in any criminal activity or commission of any crime after release.

Key takeaways

Breach of any of the imposed conditions shall be a ground for cancellation of bail; the identity, status and residence proof of the applicant and the sureties are to be verified by the court concerned before the bonds are accepted.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 87) — Single-judge bail decision by Hon'ble Anil Kumar-X — CRIMINAL MISC. BAIL APPLICATION No. 4964 of 2025 — Applicant: Rohtash s/o Bhagwan Singh; Opposite Party: State of U.P. Bail sought in Case Crime No. 414 of 2021 (Sections 147, 148, 149, 307, 333, 353, 504, 506, 427 IPC and Section 7 of Criminal Law Amendment), Police Station Barsana, District Mathura, trial pending. FIR version: on the night of 24.12.2021 police on vehicle-checking duty were attacked by occupants of an approaching vehicle who fled, abandoning the vehicle in which police found a huge quantity of ammunition and some country-made guns; per the AGA, police personnel Mahendra Singh Yadav sustained a head injury in the firing; a police informer identified a running accused as Rohtash. Applicant's counsel argued false implication, pointing to the absence of eye-witnesses, no on-spot arrest and the applicant's name surfacing from a paper found in the recovered vehicle; AGA Shri Alok Sharma opposed, stating involvement in 26 criminal cases. The Court allowed the bail application WITHOUT EXPRESSING ANY OPINION ON MERITS, directing release on a personal bond with two sureties each of the like amount to the satisfaction of the court concerned, imposing conditions against tampering with evidence/intimidating witnesses, seeking trial adjournments and post-release criminal activity, breach being a ground for cancellation, with identity, status and residence proof of applicant and sureties to be verified before acceptance of bonds. No precedent cited; no merits opinion expressed.

Neutral Citation No. - 2025:AHC:121872

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4964 of 2025

Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Anil Kumar-X,J.

1. This application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.414 of 2021 under Section 147, 148, 149, 307, 333, 353, 504, 506, 427 I.P.C. and Section 7 of Criminal Law Amendment, Police Station-Barsana, District Mathura during the pendency of the trial before the court below.

2. As per the version of first information report, some police personnel were busy in their official duty in the night of 24.12.2021 and were also checking vehicles. During the checking, certain vehicle was coming towards them and when police tried to stop them, some persons attacked upon them and fled from the spot. Even one police personnel was also injured and when the vehicle left by the accused persons on the spot was inspected by the police, they found huge quantity of ammunition and some country-made guns. One of the police informer had identified an accused person running and told that he was Rohtash.

3. Learned counsel for the applicant has submitted that none of the accused persons were arrested on the spot. The alleged incident happened in the night and one of the accused was identified by police informer. As per the first information report, the name of the

accused has surfaced from certain paper lying in the recovered vehicle. It is contended that there was no eye witness to the incident and he has been falsely implicated in the case by the police and, therefore, the applicant is entitled for bail in the present case.

4. Shri Alok Sharma, learned AGA has opposed the bail application and has submitted that the applicant is involved in 26 criminal cases. The vehicle left by the accused persons was searched by police and huge amount of illegal ammunition and arms were recovered from it. Moreover, one of the police personnel Mahendra Singh Yadav also sustained head injury in the firing made by the accused persons. Therefore, this is not a fit case for grant of bail to the applicant.

5. Heard learned counsel for the parties and perused the records.

6. It is apparent from the first information report that none of the accused persons were arrested on the spot and the name of the accused surfaced from a certain paper which was lying in the recovered vehicle. Under such circumstances, without expressing any opinion on merits of the case, the bail application is allowed .

7. Let the applicant-Rohtash s/o Bhagwan Singh, be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned with the following conditions that :-

(i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii). The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

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

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 24.7.2025 SK

Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad