Neutral Citation No. - 2025:AHC:65188 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4283 of 2025 Applicant :- Satayam Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Dwivedi,Ravi Kant Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahesh Dwivedi, learned counsel for the applicant and Dr. S. B. Dubey, learned AGA-I 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 66C, 66D I.T. Act, Police Station Cyber Crime, C.C.H.Q., District Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and according to the FIR by playing fraud, some bank accounts of the informant were opened with the allurement that he will get 1% profit alongwith Rs. 1000/- for each account but he did not receive any money and subsequently he came to know that his account has been freezed. 4. He further submitted that during investigation with the aid of section 61(2) BNS, applicant has been made accused in the present matter. 5. He further submitted that however, applicant has also challaned for offence under section 111 BNS i.e. organized crime but there is no cogent evidence in this regard against him on record. 6. He further submitted that applicant is neither member of any crime syndicate nor he is having any previous criminal history, therefore, it reflects that it was simple case of cheating but in spite of that Investigating Officer challaned the applicant also for offence of organized crime. 7. He further submitted that in the present matter, applicant is in jail since 24.10.2024 i.e. last six months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant alongwith others duped the informant and he was also challaned for offence under section 111 BNS but considering the nature of allegation levelled against the applicant and the facts of the case, argument advanced by learned counsel for the applicant that there is no cogent evidence of organized crime against him cannot be ruled out, at this stage. 11. Further, it also reflects that there is also no cogent evidence of the fact that applicant is member of any crime syndicate. 12. Further, it also reflects that applicant is having no previous criminal history. 13. Further, in the present matter, applicant is in jail since October, 2024 i.e. for last six months. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Satayam Mishra, 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. 17. 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. 18. 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 :- 28.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad