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2025 DAILYLAW 49784 (ALL)

RAMGOPAL v. STATE OF U.P.

BAIL/14058/2025 · 2025-05-29

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93780 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14058 of 2025 Applicant :- Ramgopal Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dalvir Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 197 of 2023, under Section 392 of IPC, Police Station - Kotwali Nagar, District - Etah, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The name of the applicant has come up in the confessional statement of the co-accused persons which has no evidentiary value. 6. Learned counsel has also stated that criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 01.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the applicant is not named in the FIR and his name has come up in the confessional statement of the co- accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ramgopal, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad