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2025 DAILYLAW 138352 (ALL)

HARI GOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3822/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27004 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3822 of 2025 Applicant :- Hari Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A.,Ashish Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Misra, learned counsel for the applicant, Shri Ravi Srivastava, learned A.G.A. for the State and Shri Alok Kumar Tiwari, Advocate who has filed a vakalatnama on behalf of the applicant, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.193 of 2023, under Sections 147, 148, 149, 302, 504, 506, 120-B I.P.C. registered at Police Station- Tarab Ganj, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.05.2023 against three named persons, including the applicant and 2-3 unknown persons alleging that while the applicant's son was talking to Sunil Kumar and Dev Prakash at Bhanpur crossing, co-accused Venkateshwar Dutt fired at the informant's son and the applicant fired shots in air. The other persons abused and exhorted the co-accused persons. The informant's son was taken to the hospital where he was declared dead. 4. The postmortem examination report mentions a fire arm entry wound on right side, back of chest and an exit wound on left side, lateral aspect of chest. After investigation, the Investigating Officer has submitted a charge-sheet dated 27.10.2023 against three persons including the named accused Venkateshwar Dutt and other two co-accused persons Hariom Mishra and Akrur @ Addu. 5. A supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 6. In para 3 of the supplementary affidavit, the applicant's involvement in three other criminal cases has been disclosed, in all of which he has been acquitted of all charges. 7. After PW-1 was examined by the trial Court, an application was filed for summoning the applicant and co-accused Ram Gopal under Section 319 Cr.P.C., which was allowed by means of an order dated 15.10.2024 and thereafter, the applicant had been made an accused and has been taken into custody. 8. Even in the statement recorded before the Court, PW-1 has stated that the deceased had been killed by co-accused Venkateshwar Dutt and the only allegation against the applicant is of having fired a shot in the sky. 9. Co-accused namely, Ram Gopal has already been enlarged on bail by means of an order dated 04.04.2025 passed by this court in Crl. Misc. Bail Application No.2843 of 2025. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Hari Gopal be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench