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

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29385 of 2025

Pankaj Rajbhar

.....Applicant(s)

Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Mahesh Dwivedi
Counsel for Opposite Party(s) : G.A.

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Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Mahesh Dwivedi, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

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Notice was issued to the opposite party no. 2 vide order dated 28.5.2025. Office vide its report dated 23.9.2025 reported that notice has been served through heir on the opposite party no. 2 as per the report of C.J.M. concerned which is dated 18.9.2025. Despite service no one appears on behalf of opposite party no. 2 even in the revised list. Service of notice is thus sufficient.

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This second bail application under Section 483 of B.N.S.S. has been filed by the applicant Pankaj Rajbhar, seeking enlargement on bail during trial in connection with Case Crime No. 56 of 2025, under Section(s) 137(2), 87, 64(1), 351(3), 352, 115(2) B.N.S. & Section 5L/6 POCSO Act, registered at P.S. Birano, District Ghazipur.

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The first bail application of the applicant being Criminal Misc. Bail Application No.25726 of 2025 was dismissed for want of prosecution by this Court vide order dated 28.7.2025.

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The F.I.R. of the matter was lodged by Ajay Rajbhar against the applicant and 3 other accused persons alleging therein that his daughter aged about 17 years was falsely promised by the applicant for marriage. On 07.4.2025 at about 11:00 a.m. she was allured and enticed away and

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BAIL No. 29385 of 2025

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then on family pressure she was sent back on 09.4.2025. On 14.4.2025 at about 04:00 p.m. both the parties have entered into an agreement and went to a temple for the purpose of marriage after which marriage was refused by the applicant's side.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the victim is a major girl as she has been opined by the concerned C.M.O. to be between 17 to 18 years of age. It is submitted that the victim and the applicant were friends since last 3 years and used to talk to each other and there was physical relation established between them. It is submitted that the victim then left her house out of her own sweet will for marriage. It is submitted that subsequently since the factum of marriage could not materialize the present F.I.R. has been lodged. It is submitted that investigation in the matter has concluded and a charge sheet has been submitted on which cognizance has been taken by the court concerned, para-19 of the affidavit. It is argued that the applicant has no other criminal antecedents as stated in para- 23 of the affidavit and is in jail since 15.4.2025.

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Per contra, learned State counsel opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the record, it is evident that the victim has been opined to be between 17 to 18 years of age by the C.M.O. concerned. Relationship between the applicant and the victim was on some discussion of marriage which could not materialize. Investigation in the matter has concluded and a charge sheet has been submitted on which cognizance has been taken by the court concerned.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Pankaj Rajbhar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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BAIL No. 29385 of 2025

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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