Neutral Citation No. - 2025:AHC:37107 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8751 of 2025 Applicant :- Shakeel Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 12 of 2025, under Sections 111(2), 303(2), 317(2) BNS, Police Station Shikohabad, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown persons with regard to the theft of four wheeler of the informant under section 303(2) BNS and as per allegation, during investigation applicant and co- accused Fahim were arrested in a police encounter case and from their possession, the alleged stolen vehicle of the informant was recovered but entire allegation levelled against the applicant is totally false and actually, no recovery was ever made from his possession. 4. He further submitted that it was a simple case of theft but during investigation, on the basis of recovery of stolen four wheeler of the informant, applicant has also been challaned for offence under section 111 BNS i.e. Organized Crime and this fact clearly suggests that Investigating Officer misused the provisions of Organized Crime. 5. He further submitted that however, apart from the present case, applicant is having criminal history of four other cases but he explained his entire criminal history in the instant bail application and all the offences relate to minor offences. 6. He further submitted that however, apart from the present case and four cases explained in the instant bail application, applicant has also challaned for offence under section 109 BNS but it is a case which was lodged against the applicant at the time of his arrest. 7. He further submitted that apart from the present case and above cases, applicant is not having any other criminal history and in the present matter, he is in jail since 7.1.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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. However, as per allegation, from the possession of the applicant and co-accused stolen vehicle of the informant was recovered and during investigation, he has also been challaned for offence under section 111 BNS and apart from the present case, it appears, applicant is also having previous criminal history of four other cases but considering entire facts and circumstances of the case including previous criminal antecedents of the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that prima facie, present case does not appear to be a case of Organized Crime. 11. Further, entire criminal antecedents of the applicant have been explained in the instant bail application and in the present matter, applicant is in jail 7.1.2025. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Shakeel, 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. 15. 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. 16. 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 :- 17.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad