GOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11315/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180699 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180699 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11315 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.93 of 2019, under Section 302, 201, 506 IPC, P.S. Gaura Chauraha, District Balrampur.
3. In terms of the FIR lodged by the applicant himself as an informant it was alleged that father of the informant was beaten up by the accused named in the FIR and he was throttled to death. Subsequently, after investigation the applicant was linked with the offence. Postmortem report on record indicates cause of death as antemortem throttling.
4. Learned counsel for the applicant argues that the applicant is in custody since 04.09.2021 and all the fact witnesses have been examined. The applicant has no criminal antecedents and co-accused has been enlarged on bail.
5. Learned AGA has opposed the bail application.
6. Considering the pre-trial detention suffered by the applicant to be more than four years which is prima-facie violative of Art. 21 of the Constitution coupled with the fact that the applicant has no criminal antecedents, the applicant is entitled to be enlarged on bail on the ground of sufficient pre- trial detention. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Gopal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
7. Let the applicant Gopal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 20, 2025 nishant BAIL No. 11315 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench