Neutral Citation No. - 2025:AHC:70849 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3947 of 2025 Applicant :- Shivam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Yadav,Shivajee Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shivajee Srivastava, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2024, under Sections 316(2), 318(4), 111(4) BNS and Section 66 (C), 66 (D) Information Technology Act, Police Station Cyber Crime, District Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation he has been made accused in the present matter. 4. He further submitted that the named co-accused Ankush Yadav has been released on bail by this Court vide order dated 28.4.2025 passed in Crl. Misc. Bail Application No. 5691 of 2025. He further submitted that while granting bail to co-accused Ankush Yadav, this Court observed that there is no cogent evidence of organized crime. 5. He further submitted that actually, prima facie, it appears to be a simple case of cheating but in spite of that applicant and other accused, have also been challaned for offence under section 111 BNS i.e. organized crime. 6. He further submitted that applicant is not even having any criminal history and he is in jail in the present matter since 3.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However as per allegation, applicant and others duped the informant but it reflects Ritik Mishra appears to be principal accused who was named in the FIR. 10. Record further suggests that applicant is not named in the FIR and during investigation he was made accused and after considering entire material available on record, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, it appears to be a case of fraud and cheating and there is no cogent evidence of organized crime against the applicant. 11. Further, co-accused Ankush Yadav, has already been released on bail by this Court and applicant is having no criminal history and he is in jail in the present matter since 3.12.2024. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Shivam Yadav, 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. 15. 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. 16. 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 :- 5.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad