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2025 DAILYLAW 18688 (ALL)

RAM GOPAL v. STATE OF U.P.

BAIL/5412/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104124 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5412 of 2025 Applicant :- Ram Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kumar Kushwaha, Advocate, holding brief of Sri Ramesh Chandra Pal, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 334 of 1995, under Sections- 395, 397 I.P.C., Police Station- Iglas, District- Aligarh, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R. Subsequently, his name came up in the statement of the co-accused. It is further submitted that applicant was not aware about his implication in the present case. When he came to know about the warrant issued against him then he surrendered before the court below wherein bail application of the applicant has been rejected. It is further submitted that co-accused, Pikko, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 13.05.2025 passed in Criminal Misc. Bail Application No. 16118 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 05.07.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused who has already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Ram Gopal, involved in the aforementioned crime be released on bail, on his 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad