Neutral Citation No. - 2025:AHC:66486 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4239 of 2025 Applicant :- Rupa @ Rupesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, learned AGA for the State-Respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rupa @ Rupesh, seeking enlargement on bail in Case Crime No. 87 of 2020, under Sections 354B, 504, 506 I.P.C. & 7/8 of Protection of Children from Sexual Offences Act, Police Station- Atrauli, District- Aligarh. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 03.10.2024. In the aforesaid case the applicant was granted bail by this Court on 27.08.2020. He submits that after being released on bail the accused-applicant was regularly appearing before the Trial Court, but on 11.09.2024, he could not appear before the court below due to his illness, then the Court below has issued Non Bailable Warrant on 11.09.2024 against the applicant and when he not appeared on several dates the proceedings of Section 82 and 83 Cr.P.C. have been initiated against him. The applicant filed recall of the warrant, but the same was also rejected. Subsequently, the applicant got arrested and he applied for his bail being bail application no. 4770 of 2024 (Rupa @ Rupesh vs. State of U.P.), but the Additional District and Sessions Judge, (POCSO), court no. 2, Aligarh, rejected the bail of the accused-applicant on 13.12.2024. The applicant has no criminal antecedent. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rupa @ Rupesh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 29.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad