Allahabad High Court
ROHIT @ FUTTA KANJHANversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail with specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rohit @ Futta Kanjhan, who was arrested in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that he was falsely implicated, was already on bail in multiple other cases, and had been in custody since 19 July 2025, arguing that the trial would be delayed due to court pendency. The State opposed the bail, but the court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail. Accordingly, the court granted bail subject to a personal bond of Rs. 50,000 with two sureties and imposed conditions to prevent tampering with evidence or intimidation of witnesses. The order clarified that it does not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, considering his custody since 19‑07‑2025 and pending trial.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- Section 483
- court pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14209 of 2026
Rohit @ Futta Kanjhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajan Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajan Tripathi, learned counsel for the applicant and Shri
Ashish Kumar Tripathi, learned AGA for the State- respondents and perused
the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No. 290 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Jalaun, District Jalaun, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in both the cases that have been shown
against him in the gang chart, apart from the above, the applicant is also on
bail in three other cases. The applicant is languishing in jail since
19.07.2025, undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the
Court, there is no likelihood of any early conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
5. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, the applicant is also on bail in three
other cases. The applicant is languishing in jail since 19.07.2025.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is allowed.
BAIL No. 14209 of 2026
2
7. Let the applicant- Rohit @ Futta Kanjhan involved in the aforesaid case
crime shall be released on bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the
Court concerned :-
(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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
May 6, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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