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Allahabad High Court

SANDEEP RAJBHARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The applicant is entitled to bail on the ground of parity with the co‑accused.

Summary

The High Court of Allahabad considered the bail application of Sandeep Rajbhar, who had been in custody since 25 July 2025 in connection with offences under Sections 137(2), 115(2), 123, 70(2), 351(3) of the Uttar Pradesh Bailable Non‑Bailable (BNS) provisions and Sections 5(G) and 6 of the POCSO Act. The applicant argued that a co‑accused, Chhotelal Rajbhar, had already been released on bail by a coordinate bench, and therefore, on the ground of parity, he should also be granted bail. The State opposed the bail but did not dispute the applicant’s lack of prior criminal record or the parity argument. Relying on precedents such as Nanha S/o Nabhan Kha v. State of U.P., Paras Ram Vishnoi v. DCI, and Satender Kumar Antil v. CBI, the Court held that the applicant was entitled to bail. Consequently, the bail application was allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.

Issues considered

  • Whether bail can be granted on the ground of parity with a co‑accused who has already been released
  • Whether the nature of the offences under BNS and POCSO precludes bail
  • Whether the applicant’s clean criminal record warrants bail

Legislation cited

  • BNS — s. 115(2), 123, 137(2), 351(3), 70(2)
  • POCSO Act — s. 5(G), 6

Subjects

  • bail
  • parity principle
  • POCSO
  • criminal procedure
  • sureties
  • non‑bailable offences
  • Uttar Pradesh

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 39115 of 2025

Sandeep Rajbhar
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Shantanu Kumar Pandey
Counsel for Opposite Party(s) : Arjun Kumar Gautam, Awaneesha
                                Kumar, G.A., Narendra Singh

Court No. - 65
(Sl. No. 65 out of 262)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised. As informed by learned State Law Officer, notice
to the informant has been served on 6.3.2026 but none is present on
behalf of the informant.

2. Heard Sri Shantanu Kumar Pandey, learned counsel for the applicant
and Sri Rajendra Prasad Singh, learned State Law Officer and perused the
record.

3. Applicant seeks bail in Case Crime No. 189 of 2025, under Sections
137(2), 115(2), 123, 70(2), 351(3) of BNS and Sections 5(G)/6 of
POCSO Act, Police Station - Madhuban, District - Mau, during the
pendency of trial.

4. It is submitted by learned counsel for the applicant that similarly placed
co-accused person, Chhotelal Rajbhar has already been enlarged on bail
by coordinate Bench of this Court vide order dated 18.03.2026 passed in
Criminal Misc. Bail Application No. 36427 of 2025. It is further
submitted that since the case of the applicant is at par to the co-accused,
who has already been enlarged on bail, he is also entitled to be enlarged
on bail on the ground of parity.

5. Learned counsel has also stated that the applicant is languishing in jail
since 25.07.2025, having no criminal history. In case, the applicant is
released on bail, he will not misuse the liberty of bail and shall cooperate
                                                                                           BAIL No. 39115 of 2025
                                                                   2


                                    with trial.

                                    6. The prayer for bail has been vehemently opposed by learned State Law
                                    Officer. However, the aforesaid factual aspects of parity to the co-accused
                                    and of no criminal history of the applicant, have not been disputed by
                                    him.

                                    7. Considering the facts and circumstances of the case, submissions made
                                    by learned counsel for the parties, evidence on record, pending trial and in
                                    the light of the judgement passed by this Court in Nanha S/o Nabhan
                                    Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the
                                    Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau
                                    of Investigation, MANU/SCOR/22410/2021 coupled with the judgement
                                    of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of
                                    Investigation and another reported in (2022) 10 SCC 51, without
                                    expressing any opinion on the merits of the case, the Court is of the view
                                    that the applicant is entitled to be released on bail in this case. The bail
                                    application is allowed on the ground of parity.

                                    8. Let the applicant- Sandeep Rajbhar, be released on bail on furnishing
                                    a personal bond and two sureties to the satisfaction of the court
                                    concerned, subject to verification of sureties, with the conditions that he
                                    shall not tamper with evidence or intimidate witnesses and shall appear
                                    before the trial court as required.

                                    9. Breach of any condition shall entail cancellation of bail. The
                                    observations herein shall not affect the trial on merits.



                                                                                            (Krishan Pahal,J.)
                                    April 2, 2026
                                    Siddhant




Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad


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