Rohit Kumar vs State Of U.P. Through Secretary Home ...
- Neutral2026:AHC-LKO:32872
Ratio decidendi
The rule this decision rests on
Where an accused person has been in custody since the date of arrest, possesses no criminal history, is employed by the company involved in the charges against him, and a charge sheet has been filed in the case, the High Court may enlarge such person on bail on furnishing personal bond and sureties, without entering into the merits of the case. Observations made in a bail order are confined to the bail application and shall have no bearing on the merits of the trial. The trial court concerned may impose such additional conditions as it deems fit and proper in the circumstances of the case, beyond those specified in the bail order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
State Of U.P. Through Secretary Home Department Civil Secretariat
.....Opposite Party(s)
Counsel for Applicant(s)
:
Devendra Pratap, Shashank Shekhar Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 28
HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This is first bail application filed on behalf of the applicant who is involved in Crime No.409/2022, Under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station- Kotwali, District- Barabanki.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant worked as a collector of money for the said company and he used to pay all the money to Manager. He further submits that the applicant worked with the Arohan Financial Services Ltd. and during his employment, he came to know about the alleged fraud being committed upon the public by distributing loans without obtaining the requisite government approval and by charging approximately 26-30 % interest on the said loans. He further submits that the applicant has not committed any fraud and entire amount collected was duly deposited with the company and the company maintains proper deposit booklets/records and not a single customer has lodged any FIR against the applicant.
4. Learned counsel further submits that the applicant has no previous criminal history and he is in jail since 24.03.2026. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Hence, the applicant may be granted bail.
5. Per contra, learned A.G.A. opposed the prayer for bail. He, however, submits that charge sheet has been filed in the case.
6. On due consideration to the facts that the applicant was the employee of the company; he is languishing in jail since 24.03.2026 having no criminal history; charge sheet has been filed in the case and without entering into the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.
7. Accordingly, the bail application is allowed.
8. Let the applicant Rohit Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 7, 2026
Anand/-
Connected matters
Decided by the same order
- Om Prakash Lodhi vs State Of U.P.7 May 2026
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