Allowed

Lalit Rajbhar v. State of U.P.

Allahabad HC27 Jan 2025BAIL/712/2025

Case brief

AI extract

What is this about?

Bail application under BNSS Section 483 for accused booked under BNS Section 109 in a Mau district case; counsel cited innocence, simple injuries and absence of criminal antecedent. Court granted bail on conditions including no evidence tampering, no criminal activity and regular trial attendance.

What did the court decide?

Bail granted on personal bond and two reliable sureties, subject to four stated conditions.

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

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Neutral Citation No. - 2025:AHC:27974

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 712 of 2025

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Applicant :- Lalit Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Vrat Sheel Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today, is taken on record.

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Heard Sri Vrat Sheel, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondent and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Lalit Rajbhar, seeking enlargement on bail in Case Crime No.313 of 2024, under Section 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kopa Ganj, District Mau.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number due to village party bandi and is languishing in jail since 18.11.2024. He has no motive to commit the offence. There is no eye witness of the alleged incident. Injuries sustained by the injured are simple in nature. 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.

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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, Lalit 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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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Order Date :- 27.2.2025 Radhika

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Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad

Lalit Rajbhar v. State of U.P.

Case brief

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Lalit Rajbhar v. State of U.P.

Case brief

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