Neutral Citation No. - 2025:AHC:92035 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18405 of 2025 Applicant :- Ravi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Bharat Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 318(4), 338, 336(3), 340(2), 111(2)(kha) B.N.S., Police Station Baniyather, District Sambhal during pendency of the trial. 4. Learned counsel for the applicant submits, however, as per allegation made in the FIR, the named accused persons by playing fraud duped the informant and misappropriated the life insurance amount of his bhabhi but applicant was not named in the FIR and during investigation he has been made accused in the present matter. 5. He further submits, from the statement of the informant it reflects, applicant also accompanied the named accused persons and merely on this basis he has been made accused in the present matter. 6. He further submits, if applicant accompanied the named accused persons then his name would have definitely been took place in the FIR and this fact shows that on the basis of false allegation informant disclosed the name of applicant during investigation in his statement. 7. He further submits, except the statement of the informant, statement of co-accused and confessional statement of the applicant there is no other evidence against the applicant on record. 8. He further submits, applicant was not having any previous criminal history however when he was made accused in the present matter then simultaneously he has also been made accused in as many as four cases and his entire criminal history has been explained in the instant bail application. 9. He further submits, even there is no cogent evidence which can suggests that applicant was either member of any organized crime syndicate or he acted on behalf of such syndicate but in spite of that he has been challaned also for offence of organized crime. 10. He further submits, in the present matter applicant is in jail since 05.03.2025. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation, applicant and others duped the informant and misappropriated huge amount of life insurance of his Bhabhi but it reflects, applicant was not named in the FIR and during investigation he has been made accused through the statement of informant and considering this fact, the argument advanced by learned counsel for the applicant that if applicant would have also accompanied the named accused persons as alleged by the informant in his statement recorded during investigation then he would have definitely disclosed his name in the FIR cannot be ruled out at this stage. 14. Further, however, record suggests that applicant has also challaned for offence under Section 111 B.N.S. i.e. organized crime but it also reflects, applicant was not having any previous criminal history and even there is no cogent evidence that he was either member of any organized crime syndicate or he acted on behalf of such syndicate. 15. Further, however, it reflects, apart from the present case applicant is also having criminal history of four other cases but it appears, along with present matter simultaneously he has been made accused in these cases with almost similar allegation. 16. Further, in the present matter applicant is in jail since 05.03.2025. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant - Ravi Sharma 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. 20. 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. 21. 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 :- 28.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad