BAIL/38813/2025 of ROHIT KUMAR Vs STATE OF U.P. on 11 May 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38813 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 332 of 2025, under Sections 309(6), 117(2) BNS, Police Station- Kokhraj, District- Kaushambi, during pendency of the trial in the court below. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that FIR was lodged against unknown persons and name of the applicant was surfaced in the present matter through the statements of informant on the basis of suspicion. It is next submitted that there are contradictions in the statements recorded during investigation. It is next submitted that there is no credible evidence against the applicant to show his involvement in the matter. It is next submitted that criminal history of the applicant has been duly explained in the affidavit and supplementary affidavit and he is languishing in jail since 06.09.2025, therefore, he may be enlarged on bail during pendency of the trial. The prayer for bail has been vehemently opposed by learned A.G.A. Versus Counsel for Applicant(s) : Ajay Singh Yadav, Anand Prakash Yadav, Ankit Tiwari, Krishna Mani, Krishna Yadav, Kuldip Singh Yadav, Suraj Kumar Yadav Counsel for Opposite Party(s) : G.A. Rohit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Let applicant, Rohit Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

ii. He will not tamper with the witnesses.

iii. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. May 12, 2026 KK Patel BAIL No. 38813 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad