Allahabad High Court
Ranjeet Rajbhar vs State Of U.P. on 20 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:90276
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17462 of 2024
Applicant :- Ranjeet Rajbhar
Opposite Party :- State of U.P.
Counsel for Applicant :- Shabana Nizam
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Ms. Shabana Nizam, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.198 of 2011, under Sections 363, 366, 368 and 506 I.P.C., Police Station Chandwak, District Jaunpur, during the pendency of trial.
4. As per prosecution story, the applicant alongwith the main accused person Yogendra @ Munna Rajbhar and two other named accused persons is stated to have enticed away the minor daughter of the informant on 10.12.2010 at about 10:00 a.m.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The FIR is delayed by more than four months and there is no explanation of the said delay caused. The main accused person Yogendra @ Munna Rajbhar and the victim had married each other and the same finds mention in the order dated 30.05.2011 of this Court passed in Criminal Misc. Writ Petition No.9605 of 2011, whereby the proceedings were stayed during investigation. Subsequent to it, the applicant was enlarged on bail. The applicant was under the impression that the matter has been settled between the parties as the co-accused person Yogendra @ Munna Rajbhar had filed a petition U/S 482 Cr.P.C. before this Court and the proceedings were stayed but have been vacated in the light of the judgment ofSupreme Court passed in Asian Resurfacing of Road Agency Pvt. and Another vs. Central Bureau of Investigation reported in 2018 (16) SCC 299. Although, the said order has been set-aside.
6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 11.12.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.
9. Let the applicant- Ranjeet Rajbhar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 20.5.2024
Ravi/-
(Justice Krishan Pahal)
