SUNIL RAJBHARversusSTATE OF U.P. AND 3 OTHERS

    HIGH COURT OF JUDICATURE AT ALLAHABAD
   CRIMINAL MISC. BAIL APPLICATION No. - 29149 of 2025

Sunil Rajbhar
                                                 .....Applicant(s)
                             Versus

State Of U.P. And 3 Others
                                                     .....Opposite
                                                           Party(s)

Counsel for Applicant(s)      : Ankita Pandey, Kirt Raj
                                Yadav, Mohd Hamid
Counsel for Opposite Party(s) : G.A.

Court No. - 65
        HON'BLE DR. GAUTAM CHOWDHARY, J.

1. List revised. Office vide its report dated 19.03.2026 has
reported that notice issued to the first informant of the case has
been served, whereas notice upon the Child Welfare
Committee, Khushinagar has been served, inspite of service of
notice, none appears either for the informant or Child Welfare
Committee as well as for the High Court Legal Services.

2. Heard learned counsel for the applicant, learned A.G.A for
the State and perused the record.

3. It has been argued by learned counsel for the applicant that
the applicant is innocent and has been falsely implicated in the
present case. Learned counsel further submits that by the efflux
of time, trial began and during the trial, the statement of P.W.
2-victim was recorded and she has not supported the
prosecution version, copy of which statement is annexed as
Annexure-SA1 to the supplementary affidavit filed in
connected Criminal Misc. Bail Application No. 30552 of 2025,
which is on record in the said bail application. He thus submits
that no offence against the applicant is made out. Several other
submissions in order to demonstrate the falsity of the
allegations made against the applicant have also been placed
before the Court. The circumstances which, according to the
counsel, led to the false implication of the accused have also
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been mentioned. It has also been assured on behalf of the
applicant that he is ready to cooperate with the process of law
and shall faithfully make himself available before the court
whenever required and is also ready to accept all the conditions
which the Court may deem fit to impose upon him. He next
submits that applicant is languishing in jail since 19.07.2025.

4. Per contra, learned A.G.A. opposed the prayer for bail of the
applicant by contending that the innocence of the applicant
cannot be adjudged at this stage, therefore, he does not deserve
any indulgence.

5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
evidence, and all attending facts and circumstances of the case,
without expressing any opinion on merits of the case, this
Court is of the view that the applicant has made out a case for
bail. Hence the bail application is allowed.

6. Let applicant Sunil Rajbhar involved in Case Crime
No.268 of 2025 under Sections 74, 351(2), 70(2) of B.N.S.,
Section 5G/6 of POCSO Act and Section 67 of I.T.Act, Police
Station Tamkuhiraj, District Kushinagar, be released on bail on
furnishing a personal bond and two heavy local sureties each of
the like amount to the satisfaction of the court concerned
subject to the following conditions:-

A. The applicant shall not tamper with the evidence during the
trial.

B. The applicant shall not pressurize/ intimidate the
prosecution witness.

C. The applicant shall appear before the trial court on the date
fixed, unless personal presence is exempted.

D. The applicant shall not commit an offence similar to the
offence of which he is an accused, or suspected, of the
commission of he is suspected.
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                                        E. 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 them from disclosing
                                        such facts to the Court or to any police officer or tamper with
                                        the evidence.

                                        7. In case of breach of any of the above condition, the trial
                                        Court shall be at liberty to cancel the bail of the applicant in
                                        accordance with law.

                                                                          (Dr. Gautam Chowdhary,J.)

                                        March 19, 2026
                                        S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad