Successfully Contesting Major Bail of Accused Rohit Shukla

Case Information:

• Court: High Court of Judicature at Allahabad

• Court No.: 36

• Case No.: Criminal Misc. Bail Application No. 15239 of 2024

• Neutral Citation No.: 2024:AHC:81274

• Date: May 7, 2024

• Judge: Hon'ble Piyush Agrawal, J.

Parties:

• Applicant: Rohit Shukla

• Opposite Party: State of Uttar Pradesh

• Counsel for Applicant: Shrey Singh

• Counsel for Opposite Party: G.A.

Case Details:

• Crime No.: 22 of 2024

• Charges: Sections 147, 352, 336, 326, 308 of the IPC

• Police Station: Kakadeo, District - Kanpur Nagar

Key Arguments from Applicant's Counsel:

• Rohit Shukla is innocent and falsely implicated.

• No independent public witness or incriminating evidence against the applicant.

• General allegations without specific role assigned to Rohit Shukla.

• Co-accused, Sahil Srivastava, has already been granted bail by the court.

• Applicant has been in jail since February 1, 2024, and trial conclusion is unlikely soon.

Opposition from State Counsel:

• The State Counsel opposed the bail but did not dispute the applicant's claims about the co-accused's bail.

Court's Decision:

• Considering the facts, nature of allegations, and co-accused's bail, the court found it appropriate to grant bail to Rohit Shukla.

Conditions for Bail:

1. No Adjournments: The applicant must not seek adjournments on dates fixed for evidence when witnesses are present.

2. Court Presence: The applicant must be present at all trial dates, personally or through counsel. Absence without sufficient cause may lead to proceedings under Section 229-A IPC.

3. Misuse of Bail: If bail is misused, and the applicant fails to appear in court following a proclamation under Section 82 Cr.P.C., proceedings may be initiated under Section 174-A IPC.

4. Key Trial Dates: The applicant must appear in person for the opening of the case, framing of charge, and recording of statement under Section 313 Cr.P.C. Deliberate absence can be treated as bail abuse.

Consequences of Violation:

• Any violation of these conditions will be considered as misuse of bail, and the court below may cancel the bail accordingly.

Disposition:

• The bail application is disposed of finally.