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2026 DAILYLAW 5271 (ALL)

GOPI v. STATE OF U.P.

BAIL/28160/2026 · 2026-09-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28160 of 2026 Court No. - 68 (Sl. No. 159 out of 185) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Second supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Rahul Tripathi, learned Advocate holding brief for Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 288 of 2026, under Sections 85, 352, 115(2) BNS and 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Mirzapur, during the pendency of trial. 4. The criminal history of one case assigned to the applicant has been explained. 5. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no injury sustained by the victim and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Gopi .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Gopi 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits. September 8, 2026 Shalini BAIL No. 28160 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad