HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4764 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri A.K. Ojha, learned counsel for the applicant and Sri Vijendra Kumar, learned AGA for the State-Respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 204 of 2024, under Sections 111(3), 61(2), 316(2), 318(4), 338, 336(3), 340(2), 351(2) BNS and 3/21 of B.U.D.S. Act, Police Station Jakhaura, District Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation made in the FIR, LUCC company received deposits through its agents from the common public but did not return their money and during investigation, applicant has also been made accused in the present matter on the ground that he was also agent of LUCC company. He further submitted that if through agent of the company common public deposited amount in the company and subsequently company fails to repay the amount then agent cannot held liable. He further submitted that except the allegation that applicant is the agent of the company, there is no specific allegation against him. He further submitted that Vinod Srivastava, who was also one of the agent of the company and was named in the FIR, has been released on bail by this Court vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No. 240 of 2025 and of facts, case of applicant is even at better footing than him. 4. He further submitted that however, applicant was not having any previous Versus Counsel for Applicant(s) : Ashwini Kumar Ojha, Munna Lal Patel, Sanjeev Patel Counsel for Opposite Party(s) : G.A. Hardev Patel .....Applicant(s) State of U.P. .....Opposite Party(s) criminal history but subsequent to the present matter, he has also made accused in as many as 10 other cases with similar allegations and criminal history of the applicant has been explained in the instant bail application. He further submitted that in the present matter, applicant is in jail since 28.08.2024. It is further submitted that on the similar footing the co-accused Ram Naresh Sahu, Satish Chandra Jain and Mahesh Prasad Rajak have been granted bail by the Court vide order dated 07.02.2025, 07.02.2025 and 18.02.2025 passed in Criminal Misc. Bail Application Nos. 1048 of 2025, 1042 of 2025 and 1209 of 2025, therefore, the applicant is also entitled to be released on bail. 5. 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. 6. I have heard both the parties and perused the record of the case. 7. However, as per allegation, applicant is the agent of LUCC company and he and other agents of the company deposited the amount of investors of the company and subsequently, investors could not receive their maturity amount but considering the fact that applicant is agent of the company, the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 8. Further, however, apart from the present case, applicant is having criminal history of 10 other cases but it appears that applicant was not having any previous criminal history and subsequent to the present case, he has been made accused in all these cases on the basis of similar allegation. Further, criminal history of the applicant has been explained in the instant bail application. Further, co-accused Vinod Srivastava, who was named in the FIR, has already been released on bail by this Court and as applicant was not named in the FIR, therefore, his case is even at better footing that co-accused Vinod Srivastava. 9. Further, in the present matter, applicant is in jail since 28.08.2024. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. BAIL No. 4764 of 2025 2 10. Let the applicant, Hardev Patel, 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 activities. 11. 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. 12. 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 15, 2025 pks BAIL No. 4764 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad