Pintu Rajbhar Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:89579

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16854 of 2025

Applicant :- Pintu Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Learned State Law Officer has informed that notice to the informant has been served on 15.5.2025.

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Heard Sri Ashok Kumar Maurya, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record.

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Applicant seeks bail in Case Crime No.44 of 2025, under Sections 137(2), 87, 65(1) B.N.S. and 5L/6 POCSO Act, Police Station- Dubhad, District- Ballia, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about three days and there is no explanation of the said delay caused.

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Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. She had travelled with the applicant all the way to Varanasi, but she had not raised any alarm whatsoever and has expressed her willingness to marry the applicant only. Learned counsel has stated that the victim by her looks seems to be major, although she is stated to be 16 years old.

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It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 31.8.2024 and he is ready to cooperate with trial. In

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case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned State Law Officer has vehemently opposed the bail application.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR as also the statement of victim recorded U/s 183 B.N.S.S., and 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 .

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Let the applicant- Pintu 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.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 26.5.2025 Vikas

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(Justice Krishan Pahal)

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

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

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

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