Neutral Citation No. - 2025:AHC:85212 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9132 of 2025 Applicant :- Sanjeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Rajesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 51 of 2024, under Sections 319(2), 318(4), 111(2)(b) BNS & 66(C), 66(D) I.T. Act IPC, Police Station- Cyber Crime, District- Commissionerate Prayagraj, 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 mobile no. 8429561659 holder and according to FIR, informant was duped by the person, who called him and on his instruction, he transferred huge amount of Rs. 20,800,000/- in the account of different persons and during investigation, applicant has been made accused on the ground that he was the proprietor of M/s Lider Oil Corporation Ltd. and Rs. 65 lakhs were also transferred in the account of his corporation by the informant but entire allegation levelled against the applicant is totally false. 4. He further submitted that actually applicant is himself victim and when he came to know that bank account of his corporation is being misused then on 08.11.2024 i.e. well before the date of alleged fraud and cheating, he moved an application before S.H.O., Fatehganj, Bareilly, which has been annexed at page no. 107 of the paper book. He further submitted that even on 18.11.2024 again similar applications were moved by the applicant to S.S.P., Bareilly, ICICI Bank, Bareilly and Cyber Crime Cell, Bareilly and this fact shows his innocence. 5. He further submitted that if by playing fraud, some person misused the bank account of corporation of the applicant then applicant cannot be held liable for that. 6. He further submitted that however, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence on record, which can suggest that either applicant is the member of any organized crime syndicate or he acted on behalf of such syndicate. He further submitted that even applicant is not having any previous criminal history to his credit and, therefore, it appears, Investigating Officer misused the provisions of organized crime and converted a simple case of fraud and cheating into organized crime only with intention to increase the severity of the case. 7. He further submitted that applicant is in jail in the present matter since 23.11.2024 i.e. for last six months. 8. Per contra, learned AGA however, 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. However, as per allegation, applicant and other accused persons duped the informant and misappropriated his huge amount, which was in tune of more than Rs. two crores. Record also suggests that Rs. 65 lakhs were also transferred in the account of corporation of the applicant but it reflects, the alleged fraud was committed on 13.11.2024 and before that on 08.11.2024 applicant himself moved an application before the police station concerned regarding the fact that bank account of corporation of applicant is being misused and similar applications were also given by him on 18.11.2024 even before Cyber Crime Cell, Bareilly and to the concerned bank. Considering these facts, the argument advanced by learned counsel for the applicant with regard to innocence of the applicant, cannot be completely ruled out at this stage. 11. Further, however, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but neither he is having any previous criminal history nor there is any evidence that applicant is either member of any organized crime syndicate or he acted on behalf of such syndicate 12. Further, applicant is in jail in the present matter since 23.11.2024 i.e. for last six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Sanjeev Kumar 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. 16. 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. 17. 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 :- 20.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad