HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25284 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sameer Srivastava, learned Advocate holding brief of Sri Kamlakar Pal, learned counsel for the applicant, Sri Puneet Srivastava, learned counsel for informant and Sri Arvind Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 792 of 2023, under Sections 323, 504, 506, 307, 354(Kha) IPC, Section 7/8 POCSO Act and Section 3(2)V, 3(1)Da, Dha SC/ST Act, Police Station Kotwali Nagar, District Etah during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with six others. He further submits, there is no allegation that applicant committed any rape upon the victim and only allegation against him is that being associate of principal accused, Rameshwar Singh Yadav (Ex. M.L.A.) and his brother Jugendra Singh Yadav, who committed the rape upon victim, he along with other co-accused beaten the victim and thereafter tore her cloths. 4. He further submits, co-accused Jugendra Singh Yadav, against whom there was allegation of rape, has been released on bail by the co-ordinate Bench of this Court vide order dated 25.07.2024 passed in Criminal Misc. Bail Application No. 17758 of 2024 and on facts, case of applicant is at better footing than him. 5. He further submits, however, apart from the present case applicant is Versus Counsel for Applicant(s) : Kamlakar Pal, Shiv Kumar Pal Counsel for Opposite Party(s) : Puneet Srivastava, G.A. Neelu Gupta Alias Rahul .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) having criminal history of eight other cases but his criminal history has been explained in the instant bail application and out of eight cases in three cases final report has been submitted and proceeding of one case has been stayed by this Court and in one case proceeding has been quashed by this Court and in remaining two cases applicant is on bail. 6. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects, however, applicant is named in the FIR along with others including co-accused Rameshwar Singh Yadav and Jugendra Singh Yadav and as per allegation, co-accused Rameshwar Singh Yadav and Jugendra Singh Yadav committed rape upon the informant but there is no allegation that applicant committed rape upon the victim. 9. Further, co-accused Jugendra Singh Yadav, who committed rape upon victim, has been released on bail by this Court and on facts case of applicant is at better footing than him. 10. Further, however, apart from the present case applicant is having criminal history of eight other cases but his criminal history has been explained in the instant bail application and out of eight cases in three cases after investigation final report has been submitted and proceeding of one case has been stayed by this Court and proceeding of one case has been quashed and in remaining two cases applicant is on bail. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Neelu Gupta @ Rahul 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:- BAIL No. 25284 of 2025 2 (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 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. 14. 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. 15. 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 10, 2025 AK Pandey BAIL No. 25284 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad