Allahabad High Court
ROHIT KUMARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Rohit Kumar in a criminal case (Crime No. 332 of 2025) under Sections 309(6) and 117(2) of the Indian Penal Code. The applicant claimed innocence, alleging false implication and lack of credible evidence, while the State opposed bail. The court, without delving into the merits, evaluated the nature of the offence, the evidence, and the severity of the punishment. It concluded that the applicant was entitled to bail during the trial. Accordingly, the court ordered his release on personal bond with two sureties, subject to conditions of trial attendance, non‑tampering with witnesses, and refraining from illegal activities, and directed verification of sureties' identities.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 309(6) and 117(2) of the Indian Penal Code considering the nature of the offence and the evidence.
- Whether the conditions imposed by the court are sufficient to ensure the accused's compliance during the trial.
Legislation cited
- Indian Penal Code — s. 117(2), 309(6)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 309
- Section 117
- presumption of innocence
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38813 of 2025
Rohit Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
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.
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.
BAIL No. 38813 of 2025
2
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.
(Jai Prakash Tiwari,J.)
May 12, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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