Jappu Rajbhar vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Jappu Rajbhar vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Jappu Rajbhar on execution of a personal bond and two reliable sureties each of like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-pressure on prosecution witnesses with cooperation in trial, and regular appearance before the trial court; breach of any condition permits the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Jappu Rajbhar, prosecuted in Case Crime No. 323 of 2024 under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (Police Station Qasimabad, District Ghazipur), is entitled to be enlarged on bail.

Court's answer

Weighing the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, the Court concluded that a case for bail is made out, expressly without commenting on the merit of the case.

Ratio / Principle

The Court allowed the bail application and ordered that Jappu Rajbhar be released on bail on executing a personal bond and two reliable sureties each of like amount, subject to four conditions (non-tampering with evidence; no criminal activity; no pressure/intimidation of prosecution witnesses with cooperation in trial; regular appearance on dates fixed by trial court unless exempted through counsel), breach of any condition entitling the court below to proceed to cancel the bail.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Ashutosh Srivastava, J.), September 10, 2025 - Criminal Misc. Bail Application No. 24287 of 2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023: bail ALLOWED for accused-applicant Jappu Rajbhar, booked in Case Crime No. 323 of 2024 under Section 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Qasimabad, District Ghazipur. Counsel for applicant contended innocence/false implication, custody since 23.12.2024, six-day FIR delay without explanation, that the applicant took the deceased to hospital, informed her parents and was present at the Panchayatnama without being blamed by the first informant, and that the deceased slipped from stairs sustaining fatal head injuries; learned AGA opposed. Without commenting on merit, the Court found a case for bail made out and ordered release on a personal bond and two reliable sureties each, imposing four conditions; breach empowers the court below to cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24287 of 2025

Jappu Rajbhar

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Pankaj Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Pankaj Kumar Singh, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Jappu Rajbhar, seeking enlargement on bail in Case Crime No. 323 of 2024, under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Qasimabad, District Ghazipur.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.12.2024. Learned counsel for the applicant submits that the FIR has been lodged with the delay of 06 days. No explanation whatsoever has been given for delay in lodging the FIR. The applicant has taken the deceased in the hospital and also informed the parents of deceased. At the time of Panchayatnama, applicant was present on the spot. But at no place, first informant had held the applicant guilty for murdering the deceased. The real fact behind the incident is that deceased was going to answer the call of nature and she slipped from the stairs and fell down and accordingly received head injuries. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

BAIL No. 24287 of 2025

2

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Jappu Rajbhar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

September 10, 2025

Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad