Neutral Citation No. - 2025:AHC:42086 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9538 of 2025 Applicant :- Surendra Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Premnendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prashant Kumar Singh, learned Advocate holding brief of Sri Premnendra Singh, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 686 of 2024, under Sections 111, 318, 336(3), 61(2), 340(2) BNS and 3/21 Banning of Unregulated Deposit Scheme Act, 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 and during investigation, being one of the agent of LUCC company, he has been made accused in the present matter. He further submitted that if after receiving deposits from its investors, company did not pay their amounts after maturity then agent of the company cannot be held responsible. 4. He further submitted that however, apart from the present case, applicant is having criminal history of 12 other cases but he was not having any previous criminal history and simultaneously along with present matter, he has been made accused in all these cases with similar allegations and his criminal history has been explained in the instant bail application. 5. He further submitted that however, applicant has also been challaned for the offence under Section 111 BNS i.e. for organized crime but there is no evidence of organized crime against him on record. 6. He further submitted that co-accused Satish Chandra Jain has already been released on bail by this Court and his bail order has been annexed at page no. 100 of the paper book and on facts, case of applicant is at par with him. 7. He further submitted that applicant is in jail in the present matter since 23.08.2024 i.e. for last more than six months. 8. Per contra, learned AGA opposed the prayer for bail and however, submitted that actually applicant is having criminal history of 18 other cases but he fairly conceded, in majority of the cases, he has been made accused subsequent to the present matter with similar allegations. Learned AGA could not dispute the other 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. However, it reflects, as per allegations, LUCC company duped the common public after receiving huge amount from them but it also reflects, applicant was not named in the FIR and during investigation, being one of the agent of the company, he has been made accused in the present matter. 11. Further, however, applicant has also been challaned for the offence under Section 111 BNS but it appears, there is no cogent evidence of organized crime against him on record. 12. Further, however, apart from the present case, applicant is having criminal history of 18 other cases and he explained criminal history of only 12 cases in the instant bail application but it reflects, in majority of the cases, he has been made accused subsequent to the present matter with similar allegations. 13. Further, similarly placed co-accused Satish Chandra Jain, who was also having criminal history of nine other cases, has already been released on bail by this Court. 14. Further, applicant is in jail in the present matter since 23.08.2024 i.e. for last more than six months. 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- Surendra Pal Singh 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. 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. Order Date :- 21.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad