Neutral Citation No. - 2025:AHC:74182 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44197 of 2024 Applicant :- Nitin Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Krishna Dubey and Sri Ashwani Tripathi, learned Advocate holding brief of Sri Raghuvansh Mishra, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 110 of 2024, under Sections 61(2), 111(3), 111(4), 111(6), 318(4) BNS and 66-C, 66-D I.T. Act, Police Station- Cyber Crime, District- Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR and during investigation, applicant has been made accused in the present matter along with co-accused Satyam Mishra and after considering entire facts of the case in detail, co- accused accused Satyam Mishra has been released on bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 4283 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that however, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence of organized crime against the applicant. He further submitted that absolutely there is no evidence on record, which can suggests that applicant is the member of any crime syndicate. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 25.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA however, 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. However, as per allegation, applicant and other accused persons duped the informant and applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but it appears, there is neither evidence that he is the member of any crime syndicate nor he was having any previous criminal history. 9. Further, almost similarly placed co-accused Satyam Mishra has already been released on bail by this Court. 10. Further, applicant is in jail in the present matter since 25.10.2024. 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- Nitin Pandey 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 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. Order Date :- 7.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad