HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37776 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Manish Kumar Singh, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.277 of 2025, under Sections 316(5), 318(4) and 317(2) BNS, Police Station Kotwali Nagar, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant and co-accused Sheebu duped the informant by way of Fraud Deposit Scheme of their Company but entire allegations made against the applicant are totally false. 4. He further submits that considering the record of the case it reflects that co-accused Sheebu is principal accused, who duped the informant as it reflects that entire money of Rs.8,65,000/- has been transferred to the co-accused Sheebu and this fact is evident from second supplementary affidavit dated 16.1.2026 filed in support of the instant bail application. 5. He further argued that applicant has been made accused in the present matter only because he also launched the alleged Company along with co-accused Sheebu though he never intended to commit any fraud. 6. He further submits that co-accused Sheebu has already been released on bail by Coordinate Bench of this Court vide order dated 17.12.2025 passed in Criminal Misc.Bail Application No. 36468 of 2025 passed in Criminal Misc. Bail Application No. 36468 of 2025. Versus Counsel for Applicant(s) : B.N.Singh, Manish Kumar Singh Counsel for Opposite Party(s) : G.A. Jasim Alias Abdul Rahman .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits that apart from the present case applicant is however having criminal history of two other cases though similar allegation but in those cases also co-accused Sheebu appeared to be prime accused and in one case applicant is on bail. 8. He further submits that applicant is in jail in the present matter since 23..5.2025 i.e., for the last eleven months. 9. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant and co-accused Sheebu duped the informant and misappropriated his Rs.8,65,000/- but record suggests that informant transferred entire money to co-accused Sheebu and co- accused Sheebu has been released on bail by Coordinate Bench of this Court. 12. Further, however, apart from the present case applicant is also having criminal history of two other cases but his entire criminal history has been explained in the instant bail application and in one case applicant has already been released on bail. 13. Further, in the present matter applicant is in jail since May, 20256, i.e.,for the last eleven months. 14. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purposes. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Jasim @ Abdul Rahman be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the BAIL No. 37776 of 2025 2 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 her 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 her 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. 18. 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. 19. 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. April 23, 2026 SKM BAIL No. 37776 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad