Allahabad High Court
GOPIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
An accused who has satisfactorily explained his criminal antecedents and where no injury to the victim is shown may be released on bail if a prima facie case for bail is established.
Summary
Gopi applied for bail in criminal case No. 288 of 2026, which involves offences under Sections 85, 352, 115(2) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, filed at Kotwali Dehat police station, Mirzapur. The applicant’s criminal history was explained and no injury to the alleged victim was shown. The court held that an accused cannot be detained solely because of past convictions if the bail criteria are otherwise satisfied. On a prima facie basis, the court found that the applicant had made out a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused despite his prior criminal antecedents
- Whether the nature of the offences under IPC Sections 85, 352, 115(2) and Dowry Prohibition Act Sections 3/4 justifies denial of bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 352, 85
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Dowry Prohibition Act
- antecedents
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28160 of 2026
Gopi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
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.
BAIL No. 28160 of 2026
2
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.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…