Gopal vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Gopal vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of accused-applicant Gopal on bail on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on dates fixed by the trial court unless appearance exempted through counsel); in the event of breach of any condition the court below may cancel the bail.

Issue for consideration

Whether accused-applicant Gopal, booked in Case Crime No. 533 of 2025, P.S. Iglas, District Aligarh, under Sections 191(2), 191(3), 190, 109(1), 115(2), 125 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Criminal Law Amendment Act and Sections 3/25/27 of the Arms Act, should be enlarged on bail.

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witness and prima facie case, but without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

Accused-applicant Gopal is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions: (1) he will not tamper with the evidence; (2) he will not indulge in any criminal activity; (3) he will not pressurize/intimidate prosecution witnesses and will cooperate in the trial; (4) he will appear regularly on each date fixed by the trial court unless exempted through counsel by the court concerned.ratio¶16
In the event of breach of any of the aforesaid bail conditions, the court below is at liberty to proceed to cancel his bail.ratio¶21

Detailed headnote1 paragraphs

Bail granted. High Court of Judicature at Allahabad (Ashutosh Srivastava, J.; Court No. 68), by order dated November 17, 2025, allowed Criminal Misc. Bail Application No. 39322 of 2025 filed by accused-applicant Gopal in Case Crime No. 533 of 2025, P.S. Iglas, District Aligarh, registered under Sections 191(2), 191(3), 190, 109(1), 115(2), 125 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Criminal Law Amendment Act and Sections 3/25/27 of the Arms Act. Considering the nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witness and prima facie case - expressly without commenting on the merits - the court found a case for bail made out. Counsel for the applicant had pleaded innocence, false implication with concocted story, a cross-case FIR, baseless stone-pelting allegation, absence of independent witness, only general role with no specific role or motive, parity with similarly circumstanced co-accused Indresh and Vinod already enlarged on bail on 15.10.2025 in Criminal Misc. Bail Application No. 34664 of 2025, incarceration since 15.08.2025 and absence of criminal antecedents; the learned AGA opposed but could not dispute these submissions. Gopal was directed to be released on a personal bond with two reliable sureties each in the like amount, subject to conditions against tampering with evidence, indulgence in criminal activity, and pressurising/intimidating prosecution witnesses, with cooperation in trial and regular appearance on trial dates; breach entitles the court below to cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39322 of 2025

Gopal

.....Applicant(s)

Versus

State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Anupam Shyam Dwivedi, Dixita, Sudhir Dixit	Smt. Richa
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record.

The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 533 of 2025, under Sections 191(2), 191(3), 190, 109(1), 115(2), 125 of the Bharatiya Nyaya Sanhita, 2023, Section 7 of Criminal Law Amendment Act, Sections 3/25/27 of Arms Act, Police Station Iglas, District Aligarh.

Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that only general role has been assigned to the applicant and other co-accused in the FIR. He submits that the present FIR is a cross case version and the applicant has been falsely implicated with concocted story. The allegation of pelting stones are baseless and has been lodged with ulterior motive. He submits that there is no independent witness of the alleged incident. He submits that no specific role and motive has been assigned to the applicant in the present case. Learned counsel for the applicant submits that similarly circumstanced coaccused Indresh and Vinod have already been enlarged on bail by this Court vide order dated 15.10.2025in Criminal Misc. Bail Application No. 34664 of 2025. The applicant is languishing in jail since 15.08.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

BAIL No. 39322 of 2025

2

Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and primafacie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Gopal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

November 17, 2025 pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad