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2025 DAILYLAW 11997 (ALL)

GOPAL v. STATE OF U.P.

BAIL/4831/2025 · 2025-05-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86335 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4831 of 2025 Applicant :- Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Parvish Kumar Counsel for Opposite Party :- Dhirendra Kumar Verma,G.A.,Srawan Kumar Swarnkar Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in the revised call. 2. Heard Sri Parvish Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.594 of 2024, under Sections 140(1), 103(1), 3(5) and 61(2) BNS, Police Station Baghpat, District Baghpat during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Bhopal and Ajay and both the above named co-accused have already been released on bail by this Court. He next submits that the bail granting order of co-accused Bhopal has been annexed as Annexure-11 to the affidavit filed in support of the instant bail application and co-accused Ajay has been enlarged on bail by this Court vide order dated 15.4.2025 passed in Criminal Misc.Bail Application No. 9826 of 2025. He next submits that the case of applicant is at better footing than co- accused Ajay and is at par with co-accused Bhopal. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 9.12.2024, i.e., for the last more than five months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that co-accused Bhopal and Ajay have already been released on bail by this Court and the case of applicant is at better footing than co-accused Ajay and is at par with co-accused Bhopal and he is not having any previous criminal history and in the present matter he is in jail since December, 2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Gopal 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. 11. 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. 12. 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 Order Date :- 22.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad