Neutral Citation No. - 2025:AHC:65139 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5691 of 2025 Applicant :- Ankush Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu,Vikram Singh Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shantanu, learned counsel for the applicant and Dr. S. B. Maurya, 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. 30 of 2024, under Sections 318(4), 316(2), 111(4) BNS and Section 66(C), 66(D) of I.T. Act, Police Station Cyber Crime Lalitpur, District Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith others including co- accused Ritik Mishra but from the FIR it reflects that co-accused Ritik Mishra was the principal accused who got opened the bank account of the informant. 4. He further submitted that even from the allegations, it reflects to be a simple case of fraud and cheating but in spite of that applicant also challaned for offence under section 111 BNS i.e. for organized crime. 5. He further submitted that there is absolutely no evidence that applicant was also member of any crime syndicate and he is having no criminal history and he is in jail in the present matter since 3.12.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 others duped the informant by opening his bank account fraudulently but it reflects as per the allegation made in the FIR co-accused Ritik Mishra was the principal accused. 9. Further, after considering entire material available on record, argument advanced by learned counsel for the applicant that there is no evidence of organized crime against the applicant, cannot be ruled out, at this stage. 10. Further, there is also no evidence which can suggest that applicant is member of any crime syndicate and further, he is having no criminal history and he is in jail in the present matter since 3.12.2024. 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-Ankush 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. 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 :- 28.4.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad