Neutral Citation No. - 2025:AHC:41279 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9388 of 2025 Applicant :- Satish Chandra Jain Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K. Ojha, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 301 of 2024, under Sections 111, 318(4), 336(3), 340(2) and 351(3) BNS, 2023 and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Jakhaura, District Lalitpur, during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against co-accused Ashok Singh with the allegation that on his instigation informant deposited Rs. One Lac in LUCC Company but he did not return his money. 4. He further submits that applicant is not named in the FIR and during investigation he has been made accused in the present matter on the ground that he is one of the agent of the Company. 5. He further submits that if after receiving deposits from its investors subsequently Company mis-appropriated the amount of its investors then agent of the Company cannot be held liable. 6. He further submits that however, applicant was not having any previous criminal history but along with the present matter he has also been made accused in as many as ten other cases with similar allegations and his criminal history has been explained in the instant bail application. 7. He further submits that applicant has also been challaned for offence under Section 111 BNS, i.e., organized crime but there is no evidence on record which can suggest that applicant is Member of any crime syndicate, therefore, prima facie offence under Section 111 BNS is not made out. 8. He further submits that in the present matter applicant is in jail since 04.12.2024. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation even after receiving money from its investors, LUCC Company did not return their money but considering the fact that applicant is the agent of the Company the argument advanced by the learned counsel for the applicant with regard to his innocence cannot be completely brushed aside at this stage. 12. Further, however, it appears that apart from the present case applicant is having criminal history of ten other cases but he was not having any previous criminal history and it appears that with similar allegations he has been made accused in all the above ten cases along with the present matter and his entire criminal history has been explained in the instant bail application. 13. Further, however, applicant has also challaned for offence under Section 111 BNS but considering entire material available on record, the argument advanced by the learned counsel for the applicant with regard to offence under Section 111 BNS can also not be ruled out at this stage. 14.Further, in the present matter applicant is in jail since 04.12.2024. 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-Satish Chandra Jain 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad