Sanju Rajbhar Alias Sanjay Rajbhar v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39624 of 2023 Applicant :- Sanju Rajbhar Alias Sanjay Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Pallavi Rani,Deepak Rana Counsel for Opposite Party :- G.A.,R P Rajan Hon'ble Ajay Bhanot,J. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 166 of 2022 at Police Station-Sarnath, District-Varanasi under Sections 147, 354-KHa, 325, 308, 352, 323, 504 and 506 IPC. The applicant is in jail since

03.12.2022. The first bail application of the applicant was rejected by this Court on 01.02.2023. The following arguments made by Shri Deepak Rana, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Raghvendra Pratap Rajan, learned counsel on behalf of the informant and Shri Shravan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

¶2The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

¶3As per the status report sent by the trial court, the prosecution proposes to examine 15 witnesses. However, only three witnesses have been examined till date.

¶4Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

¶5The applicant does not have any criminal history apart from the instant case.

¶6The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sanju Rajbhar @ Sanjay Rajbhar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 6.11.2023 Vandit High Court of Judicature at Allahabad