Gopal @ Ram Gopal vs State Of U.P. And 3 Others
- Neutral2026:AHC:104720
Ratio decidendi
The rule this decision rests on
Where a victim in a criminal case involving sexual offences records a statement under section 183 BNSS indicating consent to the applicant, and having considered the facts, circumstances and submissions of the parties, bail may be granted to the accused during the pendency of trial, subject to conditions including furnishing personal bond and sureties, not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required. Breach of bail conditions constitutes grounds for cancellation of bail. Observations made by the court granting bail shall not affect the independent opinion of the trial judge in assessing the testimony of witnesses on the merits of the case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 27.4.2026.
2. Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 298 of 2025, under Sections 137(2), 87, 64(2) BNS and 3/4/5M O 5(J)(2) POCSO Act, Police Station Kishni, District Mainpuri, 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. The victim is major being 19 years old and is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she has stated that she wants to marry the applicant and even her parents had promised to marry the victim to the applicant but refused to comply with the said promise later on. The victim had stayed with the applicant at Sonipat, Haryana.
5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.1.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded u/s 183 BNSS, whereby she seems to be consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Gopal @ Ram Gopal, 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.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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.
(Krishan Pahal,J.)
May 6, 2026
Shalini
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