Allahabad High Court
ROHIT NISHADversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The Allahabad High Court considered a bail application filed by Rohit Nishad, who was arrested in connection with a snatching case (Crime No. 109 of 2026) under sections 309(4), 351(3), 317(2), 317(4) and 317(5) of the Indian Penal Code. The applicant claimed absolute innocence, alleged false implication, and argued that there were no independent witnesses to the alleged recovery. The State opposed the bail, but the court, after reviewing the record and the circumstances, decided that the applicant was entitled to bail pending trial. The court granted bail subject to a personal bond, two sureties, and specific conditions such as not tampering with evidence or intimidating witnesses. The order expressly stated that it did not express any opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused Rohit Nishad pending trial under the alleged offences under the IPC.
Legislation cited
- Indian Penal Code — s. 309(4), 317(2), 317(4), 317(5), 351(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- surety
- Allahabad High Court
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33090 of 2026
Rohit Nishad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : G.A., Mohammad Adnanul Haq, Zia
Uddin Ahmad
Counsel for Opposite Party(s) :
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 109 of 2026, under Sections 309(4), 351(3),
317(2), 317(4), 317(5) BNS, Police Station- Kydganj, District- Prayagraj,
during pendency of the trial in the court concerned.
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. The present FIR pertains to the alleged
incident of snatching. The present FIR has been lodged against unknown
person and complicity of the applicant was revealed during the course of
investigation. It is next submitted that applicant is having no concern with
the allegations levelled against him and he has not committed any offence
as alleged by prosecution. It is next submitted that a false recovery has been
shown from the possession of the applicant. There is no independent witness
of the alleged recovery. Criminal history of the applicant has been
explained in the instant bail application. The applicant is languishing in
jail since 26.07.2026. It is also submitted that the applicant 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.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
BAIL No. 33090 of 2026
2
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Rohit Nishad 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 not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). 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.
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.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 23, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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