Neutral Citation No. - 2025:AHC:31806 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7639 of 2025 Applicant :- Rajendra Kumar Gupta @ Raju Barsainya Opposite Party :- State of U.P. Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri G.S. Chauhan, learned counsel for the applicant and Sri Santosh Kumar Pandey, learned Brief Holder for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 687 of 2024, under Sections 111, 318, 336(3), 61(2), 340(2) BNS and 3/21 of Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali Lalitpur, District Lalitpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter on the ground that he was also one of the agent of LUCC Company who duped the common public. 4. He next submitted that co-accused Mansingh and Ashok Ahirwar who were also not named in the FIR and have been made accused in the present matter alongwith the applicant with similar allegations have already been released on bail by this Court, after considering entire facts of the case in detail, vide order dated 17.2.2025 passed in Criminal Misc. Bail Application No. 1060 of 2025 and on facts, case of applicant is at par with them. 5. He further submitted that applicant was having previous criminal history of two cases but when he was arrested in the present matter then simultaneously he has been made accused in four other cases with similar allegations. It is further submitted, he has also challaned for offence under Section 111 B.N.S. but there is no evidence that he is member of syndicate crime. It is further submitted that co-accused Mansingh and Ashok Ahirwar were also having criminal history of ten cases. 6. He further submitted that in the present matter, applicant is in jail since 25.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the arguments advanced by learned counsel for the applicant and the fact that applicant is the agent of LUCC Company and similarly placed co-accused Mansingh and Ashok Ahirwar have already been released on bail by this Court and his criminal history has been explained in the instant bail application and in the present matter, applicant is in jail since 25.01.2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Rajendra Kumar Gupta @ Raju Barsainya, 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. 12. 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. 13. 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 :- 5.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad