Allahabad High Court
Ashish Rajbhar @ Gorakh Rajbhar vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26963 of 2019
Applicant :- Ashish Rajbhar @ Gorakh Rajbhar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Chowdhury
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that on 3.5.2018 some unknown persons shot fire at Basanta Yadav. He received one gun shot injury and died resultantly. During investigation, eye-witness Subhash Yadav son of Basanta stated that Neeraj Rawat and Gorakh @ Ashish Rajbhar ate eggs at the shop of Basanta and on non-payment, quarrel took place. Thereafter, same day at 10:30 P.M., Neeraj Rawat, and Gorakh alongwith their associates came, one accused assaulted Subhash Yadav with lathi and shot at Basanta. When Rajesh Kumar Yadav came for rescue he was also shot fired. At night someone shot fire at Rajesh Yadav who was found dead next day in garden of Sarvjeet Yadav. Basanta Yadav received one entry & one exit firearm wound on chest and two other injuries on elbow and forehead and died resultantly. Rajesh Yadav received two entry and two exit wounds. Later on, Asish Rajbhar was arrested by the police he stated that Pankaj Bharti, Prince Sharma and Babu Rajbhar were also indulged in conspiracy. One countrymade pistol was recovered from Neeraj @ Ragadu and Ashish Rajbhar. Neeraj in his confessional statement stated that he shot fire at Basanta and Rajesh both and they died resultantly. They had some dispute with Basanta.
Learned counsel for the applicant submitted that co-accused namely Babu Rajbhar @ Sandeep Rajbhar, Pankaj Kumar Bharti have already been granted bail by this Court vide orders dated 29.11.2018 and 2.4.2019 in Criminal Misc. Bail Application Nos. 45158 of 2018 and 13613 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. He has been falsely implicated. One coutnrymade pistal each were recovered from Neeraj @ Ragadu and Ashish. He is not named in the FIR. His name was disclosed after a long time after thought and due legal consultation. Co-accused Neeraj @ Ragadu was indulged in the murder. Main role of firing was assigned to co-accused Neeraj @ Ragadu. There is no eye-witness account or independent witness. There is no legal evidence against the applicant. There is no possibility to get this case decided in short period in future due to heavy work load in trial court. He is languishing in jail since 12.5.2018 (near about one year and two months) having no previous criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no previous criminal history and the case of present applicant is identical to co-accused Babu Rajbhar @ Sandeep Rajbhar who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ashish Rajbhar @ Gorakh Rajbhar involved in S.T. No. 325 of 2018 arising out of Case Crime No.180 of 2018, under Section 302,323, 506, 147, 148, 149 IPC, Police Station Sarnath, District Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
A. Singh
