Rohit @ Rohit Kumar vs State of U.P. and Another

This application has been filed by the applicant with a prayer to release him on anticipatory bail in Case Crime No.432 of 2025, under Sections 87, 351(3), 64 of B.N.S., Police Station- Gaunda, District- Aligarh.

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The Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The applicant seeks anticipatory bail on the following grounds:-

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(i) The applicant and the alleged victim were in a relationship.

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(ii) This fact is further reflected from the statement recorded under Section 183 B.N.S.S., 2023.

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(iii) The applicant was arrested and sent to the jail for another case but not challaned in the present case. This also shows the falsity of the prosecution version.

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(iv) The applicant has no criminal antecedents.

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The Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has stated that the applicant is stated to have been abducting the victim and was caught by the persons of the locality and handed over to

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NABAIL No. 1718 of 2026

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2

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the police. This fact is mentioned in the First Information Report itself. The applicant was taken into custody and sent to jail for offence under Section 4/25 of the Arms Act in Case Crime No.427 of 2025 and was later on granted bail by the Learned Judicial Magistrate, Iglas, DistrictAligarh, vide its order dated 25.11.2025. The Learned A.G.A. states that the brazen act of the applicant is demonstrated from the fact that he on gun point was trying to abduct to victim. The Learned A.G.A. has also pointed out that apart from the present case, the applicant has also a criminal history of three cases, which has not been explained.

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I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

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The applicant is named in the First Information Report. He was caught on the spot by the people of the locality and was handed over to the police along with the country made pistol. The police had arrested the applicant on 23.11.2025 itself and sent him to jail, whereafter he was bailed out on 25.11.2025. The applicant has a criminal history of three cases, which has not been explained.

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Taking into account all the facts and circumstances of the case, criminal history of the applicant and also the fact that the applicant was caught by the neighbours of the informant and handed over to the police along with the country made pistol, I do not find it to be fit case to grant anticipatory bail to the applicant.

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The instant applications stands rejected.

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It is made clear that the observations made hereinabove are only restricted to the disposal of this anticipatory bail and shall not be construed to be an opinion on the merits of the case. The applicant may appear and apply for regular bail, which shall be considered and disposed of on its own merits without being influenced by the observations made in this order.

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(Rajiv Lochan Shukla,J.)

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March 18, 2026 Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Rohit @ Rohit Kumar v. State of U.P. and Another

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Rohit @ Rohit Kumar v. State of U.P. and Another

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