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2026 DAILYLAW 10002 (ALL)

RAMAWADH @ SHERU RAJBHAR v. STATE OF U.P.

BAIL/3152/2026 · 2026-09-29

Jai Prakash Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3152 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard Sri Sharad Yadav, learned counsel for the applicant and learned AGA for the State and perused the record of the case. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 186 of 2020, under Sections 392 and 411 I.P.C, Police Station Baresar, District- Ghazipur, during pendency of the trial in the court concerned. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not named in the FIR and his name surfaced subsequently in the statement of the informant recorded under Section 161 Cr.P.C. during the course of investigation. It is submitted that, apart from the said statement containing vague and general allegations, there is no independent or credible evidence on record connecting the applicant with the alleged offence. It is further submitted that the co-accused Rahul Rai has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 27.03.2023 passed in Criminal Misc. Bail Application No. 1550 of 2023. The criminal history of eighteen cases attributed to the applicant has already been duly explained in paragraph 2 of the supplementary affidavit. The applicant is in custody since 17.12.2020 and has, therefore, undergone a substantial period of incarceration. The applicant undertakes that, if released on bail, he shall not misuse the liberty granted to him and shall fully cooperate with the trial. It is also submitted that, considering the heavy pendency of Versus Counsel for Applicant(s) : Deepesh Kumar Ojha, Sharad Yadav, Sunita Chauhan Counsel for Opposite Party(s) : G.A. Ramawadh @ Sheru Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) cases before the Courts, there is no likelihood of the trial being concluded in the near future. The prayer for bail has been vehemently opposed by learned A.G.A. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the applicant has made out a case for bail. The applicant was not named in the FIR and his name surfaced subsequently during investigation. The allegations against him are required to be tested during trial. It is also relevant that the co-accused, namely Rahul Rai, has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 27.03.2023. The applicant is in custody since 17.12.2020 and has undergone a prolonged period of incarceration. The criminal history attributed to the applicant has been explained in the supplementary affidavit. Considering the long incarceration of the applicant, the period already undergone, the fact that the trial is not likely to conclude in the near future, and without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to be released on bail. The instant bail application is allowed. Let applicant, Ramawadh @ Sheru Rajbhar be released on bail in the aforesaid case on his executing a personal bond and furnishing two 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 during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as BAIL No. 3152 of 2026 2 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. 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. September 30, 2026 Brijesh BAIL No. 3152 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad