Gorakh Rajbhar and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:73654

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9531 of 2025

Applicant :- Gorakh Rajbhar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Giri,Shashi Kant Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

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Learned counsel for the applicants submits that both the applicants are named in the F.I.R. with the allegation that one Madan Rajbhar alias Augharh Baba, whose work was exorcism who told that informant's wife is ill due to bad soul, and the accused persons started assaulting the informant and his wife with lathi-danda, on account of which informant sustained several injuries and his one ear also cut down. Learned counsel further submits that applicants are innocent and have been falsely implicated in the case. They have no concern with the work of exorcism. The main person who was doing exorcism work, namely, Madan Rajbhar, has not been named in the F.I.R. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 08.01.2025, with no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicants by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence.

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Considering the overall facts and circumstances, the nature of

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allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicants- Gorakh Rajbhar and Bhulan Rajbhar , be enlarged on bail in Case Crime No. 06 of 2025, under Sections 115(2), 352, 351(3), 118(2) of B.N.S., Police Station- Sahatwar, District- Ballia, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution witnesses.

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iii) The applicants shall appear on the date fixed by the trial court.

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iv) The applicants shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicants in accordance with law.

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Order Date :- 7.5.2025

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Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Gorakh Rajbhar and Another v. State of U.P.

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Gorakh Rajbhar and Another v. State of U.P.

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