Allahabad High Court
RAMGOPAL @ BHAVVALversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Ramgopal @ Bhavval, who was charged under IPC sections 103(1), 309(6), 317(2) and Section 3 of the Arms Act in a case registered as Crime No. 0231 of 2024. The applicant argued that he was not named in the FIR, that CCTV footage was misinterpreted, and that no incriminating material existed against him, citing that co‑accused had already been granted bail. The State opposed the bail but did not dispute these factual contentions. The Court, taking note of the nature of the offence, the existence of a charge‑sheet, the principle of parity, and the Supreme Court’s guidelines in Kapil Wadhawan v. CBI, ordered that bail be granted subject to personal bond, sureties and strict conditions. The order also directed verification of identity, electronic transmission of the release order and compliance with the policy for grant of bail.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the offences alleged
- Whether the absence of the applicant’s name in the FIR and lack of incriminating material justify bail
- Whether parity with co‑accused who have been granted bail mandates the same relief
- Whether the filing of a charge‑sheet eliminates the need for custodial interrogation
Legislation cited
- Arms Act, 1959 — s. 3
- Indian Penal Code — s. 103(1), 309(6), 317(2)
Subjects
- bail
- criminal procedure
- parity
- charge sheet
- overcrowded jails
- evidence
- Arms Act
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5742 of 2026
Ramgopal @ Bhavval
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhilasha Singh, Ashutosh Yadav, Shyam Lal
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri Ram Kumar
Verma, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 0231 of 2024, under Sections 103(1), 309(6),
317(2) B.N.S. and 3/25 Arms Act, P.S. Dhanari, District Sambhal.
3. Contention of learned counsel for the applicant is that the applicant was not named
in the FIR. Subsequently the applicant as well as accused persons have been falsely
implicated on the basis of CCTV footage alleging that they were following the
deceased with motorcycle. It is further submitted that there is no incriminating
material against the applicant. It is further contended that co-accused Purushottam and
Dharmpal having similar role to that of the applicant have already been granted bail
by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.39136 of
2025 and 12485 of 2025 respectively. Therefore, the applicant is entitled to be
released on bail on the ground of parity. It is lastly submitted that charge sheet has
been filed by the police, therefore, there is no requirement for custodial interrogation.
The applicant has explained the criminal history of one case in the accompanying
affidavit and he is languishing in jail since 01.09.2024. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.
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 taking into account overcrowded jails and heavy pendency of criminal
cases before the trial courts as well as considering the mandate of the judgement of the
Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC Online SC 3038 and without expressing any opinion on the
BAIL No. 5742 of 2026
2
merits of the case, I am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the present application is allowed.
6. Let the applicant- Ramgopal @ Bhavval 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.
9. Verification of mobile number as well as Aadhaar Card of the applicant and
sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of downloaded
copy of this order from the official website of High Court Allahabad and verified by
the concerned counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is directed that the trial court shall send the release order to the concerned jail
through Bail Order Management System (BOMS) to ensure early release of the
applicant.
12. Office is directed to send a copy of this order to the applicant through Moradabad
Jail Superintendent via e-mail or e-prison portal in compliance of the order of the
Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
April 20, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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