Allahabad High Court
PAWAN RAJBHAR @ PAWAN KUMAR BHARADWAJversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Pawan Rajbhar, who was not named in the FIR but was later made an accused in a case involving offences under Sections 190, 191(2), 103(2), 324(5) and 3(5) of the Indian Penal Code. The applicant argued that the role of causing injury to the deceased was assigned to co‑accused Ashish Rajbhar and Manish, and that another co‑accused, Abhishek @ Buddhu, who was also not named in the FIR, had already been released on bail. The State opposed bail but did not dispute these factual submissions. The Court noted the applicant's lack of prior criminal history, his incarceration since 23 May 2026, and the parity with the co‑accused who had been granted bail. Relying on these circumstances, the Court concluded that the applicant was entitled to bail. Consequently, the bail application was allowed subject to a personal bond, two sureties and standard conditions.
Issues considered
- Whether an accused not named in the FIR but later implicated can be granted bail
- Whether the grant of bail to a co‑accused not named in the FIR mandates similar relief for the applicant
- Whether the nature of the offences and the applicant's clean record justify bail
Legislation cited
- Indian Penal Code — s. 103(2), 190, 191(2), 324(5), 3(5) BNS
Subjects
- bail
- Indian Penal Code
- criminal procedure
- co‑accused parity
- no prior criminal record
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32266 of 2026
Pawan Rajbhar @ Pawan Kumar Bharadwaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ankit Kapoor
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Ankit Kapoor, learned counsel for the applicant and Sri Ghanshyam
Mishra, learned Brief Holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 132 of 2026, under Sections 190, 191(2), 103(2), 324(5), 3(5) BNS,
Police Station Phoolpur, District Varanasi, during pendency of the trial in the court
below.
3. Learned counsel for the applicant submitted that applicant was not named in the
FIR but during investigation he has been made accused in the present matter.
4. He further submitted that from the record it reflects role of causing injury to the
deceased has not been assigned to the applicant and witnesses assigned the role of
causing injury to the deceased to co-accused Ashish Rajbhar and Manish.
5. He further submitted that co-accused Abhishek @ Buddhu who was also not named
in the FIR has been released on bail by this Court and his bail order has been annexed
at page 129 of the paper book and case of applicant is at par with him.
6. He further submitted that applicant is having no previous criminal history and he is
in jail in the present matter since 23.5.2026.
7. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Applicant was not named in the FIR and it reflects, even witnesses assigned specific
role of causing injury to the deceased to co-accused Ashish Rajbhar and Manish.
10. Further, co-accused Abhishek @ Buddhu who was also not named in the FIR has
been released on bail by this Court and case of applicant is at par with him.
BAIL No. 32266 of 2026
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11. Further, applicant is having no previous criminal history and he is in jail in the
present matter since 23.5.2026.
12. Therefore, considering the facts and circumstances of the case, discussed above, in
my view, applicant is entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
14. Let the applicant-Pawan Rajbhar @ Pawan Kumar Bharadwaj, be released on
bail in the aforesaid case on furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his
personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
15. In case of breach of any of the above condition, the prosecution will be at liberty
to move an application before this Court for cancellation of the bail of the applicant.
16. 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 17, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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