Neutral Citation No. - 2025:AHC:29932 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7370 of 2025 Applicant :- Dwarika Prasad Jha Opposite Party :- State of U.P. Counsel for Applicant :- Jyoti Singh,Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 612 of 2024, under Sections 111, 61(2), 318, 352, 351(3) B.N.S. and 3/21 of Banning of the Unregulated Deposit Scheme Prohibition Act, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation he has been made accused in the present matter merely on the ground that he is one of the agent of LUCC company, who duped the common public. 4. He further submits, being agent of the company, applicant cannot be held liable if subsequently company failed to repay the amount to its investors. 5. He further submits, during investigation along with applicant co-accused Satish Chandra Jain was also made accused and he was also agent of the company and he has been released on bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 1758 of 2025 and on facts case of applicant is at par with him. 6. He further submits, however, apart from the present case applicant was having previous criminal history of one case but in that case he has been acquitted. It is further submitted, along with present matter applicant has also made accused in eleven other cases but in all the cases he has been made accused with similar allegations. 7. He further submits, in the present matter applicant is in jail since 16.08.2024 i.e. for last more than six months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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. Considering the argument advanced by learned counsel for the applicant and the fact that applicant being agent of the company has been made accused in the present matter during investigation and similarly placed co-accused Satish Chandra Jain has been released on bail and his criminal history has been explained in the instant bail application and in the present matter applicant is in jail since 16.08.2024 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Dwarika Prasad Jha 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. 13. 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. 14. 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 :- 3.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad