Allowed

Ramnayan Rajbhar v. State of U.P. and 3 Others

Allahabad HC13 Jul 2023BAIL/23394/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Ramnayan Rajbhar. Relying on the limited case record showing only confessional statements against the applicant, the judge ordered his release on bail with a personal bond and two sureties.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties in like amount to the satisfaction of the court concerned.

Ramnayan Rajbhar Vs State of U.P. and 3 Others — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:139023

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23394 of 2023

¶4

Applicant :- Ramnayan Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Supplementary affidavit filed today on behalf of the applicant, is taken on record.

¶7

Dr. S.B. Maurya, learned AGA apprised the Court that according to his instructions, notice has been served to the informant in the month of May, 2023. Despite service of notice, none appeared on behalf of the informant.

¶8

Heard Sri Pradeep Kumar, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the Staterespondent.

¶9

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 8 of 2021, under Sections 34, 363, 376-D, 302, 201 IPC and 5/6 POCSO Act and 7 Crl. Law Amendment Act, Police Station Puranderpur, District Maharajganj, during pendency of the trial in the court below.

¶10

FIR of the present case was lodged against one unknown person and according to the FIR on 18.1.2021 in the evening when daughter of the informant aged about 12 years was passing through a forest then some unknown persons kidnapped her. It is further mentioned in the FIR that the incident has been witnessed by one Shobha, a villager.

¶11

Learned counsel for the applicant submitted that FIR of the present was lodged under sections 363 IPC against unknown persons but next day when dead body of the deceased was recovered then case was converted under sections 302, 376D, 201 IPC.

¶12

He further submitted that during investigation when the statement of two witnesses Sandeep and Mohan Lal were

¶13

recorded then they stated that before the alleged incident of kidnapping, they witnessed the applicant and five others nearby place of incident and on the basis of their statements, it is alleged that applicant and five other accused persons were arrested and they confessed their guilt and according to the prosecution, on their pointing out, their briefs were recovered from a bush.

¶14

He further submitted that except the above noted evidence, there is no other evidence against the applicant on record.

¶15

He further submitted that from perusal of the recovery memo, which has been annexed alongwith the instant bail application, it appears that on the alleged brief of the applicant there was no blood stain mark and therefore, only evidence against the applicant is of his confessional statement.

¶16

He further submitted that applicant is having no criminal history and he is in jail in the present matter since 22.1.2021, therefore, he may be released on bail.

¶17

Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on fact advanced by learned counsel for the applicant.

¶18

I have heard learned counsel for the parties and perused the record of the case.

¶19

Although in the present matter, it appears that a girl aged about 12 years was brutally murdered after committing rape but from the record it reflects that only evidence against the applicant is his confessional statement and confessional statement of other accused persons and except this, there is no other evidence against the applicant on record, therefore, in my view, applicant is entitled to be released on bail.

¶20

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶21

Let the applicant- Ramnayan Rajbhar , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶22

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶23

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

¶24

(iii) The applicant shall not indulge in any criminal and antisocial activity.

¶25

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶26

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.

¶27

Order Date :- 13.7.2023

¶28

Ankita

¶29

Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ramnayan Rajbhar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ramnayan Rajbhar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Akash Vs State of U.P.

Phool Miyan Vs State of U.P. and 3 Others

Rajindra Vs State of U.P.

Naseem Vs State of U.P.

Ankit Vs State of U.P. and 3 Others

Jepi Alias Rajit Kumar Vs State of U.P. and 3 Others