Vishal Rajbhar Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4564 of 2023

Applicant :- Vishal Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohd. Khalid,Irfanul Huda Counsel for Opposite Party :- G.A.

¶4

Hon'ble Krishan Pahal,J.

¶5

List has been revised.

¶6

Heard Sri Irfanul Huda, learned counsel for the applicant as well as Sri R.P. Patel, learned A.G.A. for the State and perused the record.

¶7

Applicant seeks bail in Case Crime No. 443 of 2022, under Sections 376D, 506 IPC, Police Station Kotwali, District Ghazipur, during the pendency of trial.

¶8

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Mohan Rajbhar has already been enlarged on bail by this Court vide order dated 14.3.2023 passed in Criminal Misc. Bail Application No. 54458 fo 2022. The applicant is languishing in jail since 9.10.2022 having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

¶9

The prayer for bail have been vehemently opposed by learned A.G.A. and learned counsel for the first informant. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

¶10

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

¶11

Let the applicant- Vishal Rajbhar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶12

i. The applicant will not tamper with the evidence during the trial.

¶13

ii. The applicant will not pressurize/ intimidate the prosecution witness.

¶14

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶16

v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

¶17

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶18

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶19

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 on the testimony of the witnesses.

¶20

Order Date :- 17.3.2023 Shalini

¶21

Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Vishal Rajbhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal Rajbhar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ram Naraian Vs State of U.P.

Tinku Vs State of U.P.

Raju Vs State of U.P. and 3 Others

Rusta Alias Ruchita Alias Raka Vs State of U.P.

Rakesh Sonkar Vs State of U.P. and 3 Others

Sanjay Vs State of U.P.