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2025 DAILYLAW 1934 (ALL)

AMIT RAJBHAR v. STATE OF U.P.

BAIL/41970/2025 · 2026-04-12

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41970 of 2025 Court No. - 65 (Sr. No.168 out of 258) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Virpratap Singh, learned counsel for the applicant, Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.207 of 2025, under Section 376(2)(n) I.P.C., Police Station- Dashashwamegh, District- Varanasi, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations against the applicant are per se false. The consent of the victim can be drawn from the fact that she had stayed with the applicant at different hotels at different point of time. There is no evidence of any money transactions between the parties. The victim is major aged about 26 years old. The applicant has no criminal history and is in jail since 12.10.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned tate Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Dharmendra Mohan Singh, Virpratap Singh Counsel for Opposite Party(s) : G.A. Amit Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) consideration the statement of the victim recorded under Section 183 B.N.S.S., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Amit Rajbhar, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 13, 2026 (Ravi Kant) BAIL No. 41970 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad