NEELU GUPTA ALIAS RAHUL GUPT v. STATE OF U.P. AND 5 OTHERS
BAIL/33298/2025 · 2025-09-24
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101915 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101915 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33298 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Sri Kamlakar Pal, learned counsel for the applicant, Sri Satyendra Sharma, learned Advocate holding brief of Sri Puneet Srivastava, learned counsel for the informant and Sri Arvind Kumar, learned AGA for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.792 of 2023, under Section 3(2)Va Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali Nagar, District Etah during pendency of the trial. 3. Learned counsel for the applicant submits that after hearing the parties at length on 10.9.2025 this Court was pleased to enlarge the applicant on bail in the instant matter for offences under Sections 323,504,506,307 and 354(Kha) IPC, Section 7/8 POCSO Act and Section 3(2)V, 3(1)Da, Dha SC/ST Act but due to mistake before the court concerned applicant could not move bail application for offence under Section 3(2)Va SC/ST Act and when he applied for bail before the court concerned in this offence then his bail application has been dismissed. 4. He further submits that as with a very detailed and reasoned order applicant has already been released on bail in the instant matter for above mentioned offences after considering entire facts of the case, therefore, he may be enlarged on bail for offence under Section 3(2) Va SC/ST Act. 5. Per contra, learned AGA as well as learned counsel appearing on Versus Counsel for Applicant(s) : Kamlakar Pal, Sakshi Srivastava Counsel for Opposite Party(s) : G.A., Puneet Srivastava Neelu Gupta Alias Rahul Gupt .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s)
behalf of the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7.
From the record it reflects that earlier on 10.9.2025 this Court enlarged the applicant on bail in the present matter for offences under Sections 323,504,506,307 and 354(Kha) IPC, Section 7/8 POCSO Act and Section 3(2)V, 3(1)Da, Dha SC/ST Act but it reflects that actually he was not challaned for offence under Section 3(2)V SC/ST Act and was challaned for offence under Section 3(2) Va SC/ST Act and when this mistake was revealed then applicant filed the bail application before the court concerned for offence under Section 3(2)Va SC/ST Act but the same was dismissed. 8. This Court finds merit in the argument advanced by the learned counsel for the applicant that as with a very detailed and reasoned order this Court has only enlarged the applicant on bail in the present matter for other offences, therefore, he is entitled to be released on bail for offence under Section 3(2)Va SC/ST Act. 9.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Neelu Gupta alias Rahul Gupt be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to BAIL No. 33298 of 2025 2
dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13.
It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 25, 2025 SKM BAIL No. 33298 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad