Ajad Rajbhar Vs State of U.P.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ajad Rajbhar , seeking enlargement on bail in Case Crime No. 105 of 2022, under Sections 147, 148, 149, 323, 504, 506, 342, 302, 120-B IPC, Police Station- Sarnath, District- Varanasi.

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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 24.03.2022. It is submitted that similarly placed co-accused, Sonu Rajbhar has already been enlarged on bail of by coordinate Bench of this Court by order dated 19.08.2025 passed in Criminal Misc. Bail Application No. 32020 of 2024, copy of the bail order has been annexed in the supplementary affidavit. He further submitted that since the role of the applicant is identical to that of coaccused, Sonu Rajbhar, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of one another case, which has been explained in para 3 of the supplementary affidavit filed in support of the bail application and there is

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BAIL No. 27375 of 2025

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2

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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.

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Learned AGA has vehemently opposed the prayer for bail.

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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.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Ajad 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:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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

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iv. 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.

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

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(Ashutosh Srivastava,J.)

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September 8, 2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Ajad Rajbhar v. State of U.P.

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Ajad Rajbhar v. State of U.P.

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