Allahabad High Court
SHESHNATH RAJBHARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial as the allegations do not, on the facts, warrant denial of liberty.
Summary
The High Court considered a bail application filed by Sheshnath Rajbhar, who was arrested in connection with a case involving alleged assault with an axe. The applicant claimed innocence, stating that the FIR and medical report were inconsistent and that no specific role was attributed to him. The State opposed bail, arguing the seriousness of the charges under various IPC sections. After reviewing the record and noting the applicant's lack of prior criminal history and the heavy pendency of cases, the Court decided to grant bail without commenting on the merits. The bail was conditioned on a personal bond, two sureties, and strict prohibitions against tampering with evidence, intimidating witnesses, or committing similar offences.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial despite the serious nature of the charges.
- Whether there is a risk of the applicant tampering with evidence or influencing witnesses.
- Whether the applicant's claim of innocence and lack of prior record justify granting bail.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(2), 191(2), 191(3), 333, 351(3), 352
Subjects
- bail
- Indian Penal Code
- criminal trial
- sureties
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33096 of 2026
Sheshnath Rajbhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Harikrishna Rajesh, Kripa Shankar
Counsel for Opposite Party(s) : Birendra Kumar Yadav, G.A., Lal
Behari Yadav
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 139 of 2026, under Sections 191(2), 191(3),
115(2), 352, 3(5), 351(3), 333, 109(1), 118(2) BNS, Police Station- Birno,
District- Ghazipur, during pendency of the trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. As per FIR, nominated accused persons
caused head injury to the husband of the informant by using axe. It is next
submitted that applicant is having no concern with the allegations levelled
against him and he has not committed any offence as alleged by
prosecution. It is next submitted that only general role has been levelled
against all the accused and no specific role has been attributed to the
applicant. However, there is allegation that injuries are cause by axe but
medical report of the injured shows that injuries are caused by hard and
blunt object. Though, as per medical report, injuries are grievous in
nature but there is no medical opinion that any of the injuries is dangerous
to life. Except the present case, the applicant is not having any other
criminal history and he is languishing in jail since 11.07.2026. It is also
submitted that the applicant undertakes that he will not misuse the liberty,
if granted. It has also been pointed out that in the wake of heavy pendency
of cases in the Court, there is no likelihood of any early conclusion of
trial.
The prayer for bail has been vehemently opposed by learned A.G.A. as
well as learned counsel for the informant.
Considering the facts and circumstances of the case, perusing the record,
BAIL No. 33096 of 2026
2
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Sheshnath 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
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 23, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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