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2025 DAILYLAW 58582 (ALL)

CHANDAN RAJBHAR v. STATE OF U.P. AND ANOTHER

BAIL/16727/2025 · 2025-05-16

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82578 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16727 of 2025 Applicant :- Chandan Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghawendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Raghawendra Kumar Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 66 of 2025, under Sections 191(2), 105, 115(2) B.N.S., Police Station Sikandarpur, District Ballia during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR but FIR is based on vague facts and no reliance can be placed on such version. 5. He further submits, only general allegations have been leveled against all the accused persons and it reflects, during marriage function some dispute arose between both sides and unfortunately in the incident deceased died. 6. He further submits, even from the post mortem report of the deceased it reflects, accused persons were not having any intention to cause his death. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.03.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the nature of allegation leveled against the applicant and post mortem report of the deceased, the argument advanced by learned counsel for the applicant that it cannot be said that applicant and others were having intention to cause death of the deceased, cannot be ruled out. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.03.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Chandan Rajbhar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad