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2025 DAILYLAW 182258 (ALL)

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

BAIL/11855/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11855 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that although the alleged incident occurred in the year 2005, the FIR was lodged much later on 22.11.2012, and the charge sheet was also filed in the year 2015. At the relevant time, the applicant was serving as Assistant Registrar Kannongo and has already retired in 2005. It is further stated that the applicant, aged about 81 years, has no criminal antecedents and is in custody since 12.11.2025. It is also submitted that co-accused Chandra Pal, who was posted as Lekhpal at the time of the incident, has already been granted bail vide order dated 22.04.2014, and the applicant seeks parity with the said order. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the alleged incident pertains to the year 2005, the charge sheet was filed long ago, and no useful purpose would be served by keeping the applicant incarcerated any further, coupled with the fact that co-accused Chandra Pal has already been granted bail and the applicant is in custody Versus Counsel for Applicant(s) : Sudhaker Prakash Counsel for Opposite Party(s) : G.A. Gopal Swaroop Jauhari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) since 12.11.2025, this Court is of the opinion that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Gopal Swaroop Jauhari, involved in Case Crime No. 453/2012, Under Section419,420,467,468,471,34 IPC Police Station- Laharpur, District-Sitapur, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 5, 2025 R.C. BAIL No. 11855 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench