RAMAWADH @ SHERU RAJBHARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 3152 of 2026

Ramawadh @ Sheru Rajbhar
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Deepesh Kumar Ojha, Sharad Yadav,
                                Sunita Chauhan
Counsel for Opposite Party(s) : G.A.

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
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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
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                                                                   3


                                    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.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 30, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad