Rohtash Kumar @ Rotash Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Rohtash Kumar @ Rotash Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the accused-applicant Rohtash Kumar @ Rohtash Yadav on execution of a personal bond and two reliable sureties each in the like amount, subject to conditions against tampering with evidence, criminal activity and intimidation of prosecution witnesses, and requiring regular appearance before the trial court; breach entitles the court below to cancel bail. Registry directed to correct the cause title.

Issue for consideration

Whether the accused-applicant Rohtash Kumar @ Rotash Yadav should be enlarged on bail in Case Crime No. 486 of 2024 under Sections 420, 467, 468, 471 of the Indian Penal Code and 60/2 of U.P. Excise Act, Police Station Majholla, District Moradabad.

Ratio / Principle

Considering the facts and circumstances, the nature of accusations, the severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merits, a case for bail is made out.

Key takeaways

The bail application is allowed; the accused-applicant is to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation with trial and regular appearance before the trial court); on breach of any condition the court below may proceed to cancel bail.ratio¶15
On the correction prayer, the Registry is directed to correct the cause title of the bail application so that the applicant's name reads Rohtash Kumar @ Rohtash Yadav in place of Rohtash Kumar @ Rotash Yadav.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Order dated 18.3.2025; Neutral Citation 2025:AHC:39002), Criminal Misc. Bail Application No. 713 of 2025: Application under Section 439 Cr.P.C. by Rohtash Kumar @ Rohtash Yadav for bail in Case Crime No. 486 of 2024, under Sections 420, 467, 468, 471 of the Indian Penal Code and 60/2 of U.P. Excise Act, Police Station Majholla, District Moradabad. Cause-title correction directed (applicant's name to be read as 'Rohtash Kumar @ Rohtash Yadav'). Considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering with witnesses and prima facie case, without commenting on merits, bail allowed; release on personal bond with two reliable sureties each in the like amount, subject to conditions of no tampering, no criminal activity, non-intimidation of prosecution witnesses and regular trial attendance; breach entitles the court below to cancel bail.

Neutral Citation No. - 2025:AHC:39002

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 713 of 2025

Applicant :- Rohtash Kumar @ Rotash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Kumar Yadav,Uday Raj Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Learned counsel for the applicant submits that an error encrypted in the cause title and the description of the applicant. He further submits that the name of the applicant be read as Rohtash Kumar @ Rohtash Yadav in place of Rohtash Kumar @ Rotash Yadav.

Registry is directed to correct the cause title of the bail application.

Heard learned counsel for the applicant, Sri R.K. Srivastava, learned AGA for the State-respondents and perused the record.

This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rohtash Kumar @ Rotash Yadav, seeking enlargement on bail in Case Crime No. 486 of 2024, under Sections 420, 467, 468, 471 of the Indian Penal Code and 60/2 of U.P. Excise Act, Police Station- Majholla, District- Moradabad.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.10.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the confessional statement of the arrested co-accused persons. Nothing incriminating has been recovered from possession of the applicant. He has criminal antecedent of two cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of

tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Rohtash Kumar @ Rotash Yadav , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 18.3.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad