Neutral Citation No. - 2025:AHC:55181 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12233 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 Premnendra Singh, learned counsel for the applicant and Shri Shatrughan 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. 301 of 2024, under Sections 111, 318(4), 336(3), 340(2), 351(3) BNS and 3/21 The Banning of Unregulated Deposit Scheme Act, Police Station Jakhaura, 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, being agent of the LUCC company he has been made accused in the present matter alongwith others. 4. He further submitted that as per allegations, after receiving deposits from its investors, the company later on did not return their amount but being agent of the company, applicant cannot be held liable for the same. 5. He further submitted that however, in the present matter, applicant has also been challaned for offence under section 111 BNS but there is no cogent evidence against him with regard to the offence of organized crime. 6. He further submitted that however, apart from the present case applicant is having criminal history of 13 other cases but he has explained his criminal history in the instant bail application and in all these cases, applicant has been made accused alongwith present matter with similar allegations and he was not having any previous criminal history. 7. He further submitted that in the present matter, applicant is in jail since November, 2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant was having previous criminal history of one another case relates to offence under sections 406, 420 IPC and he did not explain his criminal history in the instant bail application but he could not dispute the other 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 applicant was agent of LUCC company and subsequently after receiving deposits the maturity amount has not been returned to the investors but considering the fact that he is the agent of the company, submission advanced by learned counsel for the applicant at this stage, cannot be ruled out. 11. Further, however, applicant has also been challaned for offence under section 111BNS i.e. Organized Crime but this Court finds merit in the submission made by learned counsel for the applicant that there is no cogent evidence against the applicant with regard to the offence of Organized Crime. 12. Further, from the record it reflects that however, apart from the present case, applicant is having criminal history of 14 other cases including one previous case which has not been explained by him in the instant bail application but in other 13 cases, he has been made accused alongwith the present matter with similar allegations. 13. Further, in the present matter, applicant is in jail since November, 2024. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. 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. 17. 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. 18. 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 :- 15.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad