The High Court granted bail to the applicant in a bail application filed under Section 439 Cr.P.C., finding it a fit case for bail considering the severity of punishment and complicity.
Granting bail to the applicant on furnishing a personal bond and two sureties, subject to conditions regarding court appearance and trial conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44397 of 2022
Applicant :- Sanjay Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 115 of 2021, under Sections 304, 341, 308 IPC, Police Station Phoolpur, District Varanasi.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It has further submitted that during the investigation, the name of the applicant has been exonerated by the investigating officer. The applicant has been summoned to face the trial on the basis of an application moved under section 319 Cr.P.C. There is general allegation against the applicant. There is no criminal history of the applicant. The applicant is in jail since 18.6.2022.
It is further contended that similarly placed co-accused Chhotai Rajbhar, Sikandar and Surendra Rajbhar has already been granted bail by another bench of this court vide orders dated 17.2.2022 in Criminal Misc. Bail Application Nos. 38879 of 2021, 38266 of 2021 and 40942 of 2021 respecively therefore the applicant is also entitled for bail on the ground of parity.
I have perused the bail order of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused person, who has already been granted bail by this Court.
On the other hand, learned A.G.A. opposes the application for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sanjay Rajbhar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 15.11.2022
A.
Digitally signed by AFAQ AHMAD Date: 2022.11.15 15:31:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the present case.
Whether the applicant can be released on bail with specific conditions.
Colour shows how this judgement treated each authority
In re: Chhotai Rajbhar, Sikandar and Surendra RajbharRelied on¶8
Criminal Misc. Bail Application Nos. 38879 of 2021, 38266 of 2021 and 40942 of 2021
5 provisions across 2 enactments
Sanjay Rajbhar
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shekhar Kumar Yadav
Parties & counsel
