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Neutral Citation No. - 2025:AHC:125228 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3710 of 2025 Applicant :- Suraj Rajhbhar Opposite Party :- State of U.P. Counsel for Applicant :- Sitaram Yadav Counsel for Opposite Party :- G.A.,Pulak Ganguly,Ravi Bhushan Singh Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Ravi Bhushan Singh, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State- respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Suraj Rajbhar, seeking enlargement on bail in Case Crime No. 129 of 2024, under Sections 115 (2), 352, 351 (3), 191 (2), 105 BNS, Police Station- Bhudkuda, District- Ghazipur.
3. 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 10.10.2024.
Learned counsel for the applicant submits that similarly placed co- accused, Ramkuwar Rajbhar and Vishwa Prakash Rajbhar @ Bittu have already been enlarged on bail of by coordinate Bench of this Court by orders dated 06.02, 2025 and 24.01.2025, passed in Criminal Misc. Bail Application No. 45923 of 2024 and 277 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Ramkuwar Rajbhar and Vishwa Prakash Rajbhar @ Bittu, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity 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.
4. Learned AGA has vehemently opposed the prayer for bail.
5. 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Suraj 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 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.
8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad