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Neutral Citation No. - 2025:AHC:79628 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13382 of 2025 Applicant :- Mansingh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Noor Muhammad, learned counsel for the applicants and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 270 of 2025, under Sections 111, 318(4), 336(3), 340(2), 352, 351(3), 61(2) B.N.S. and Section 3/21 Banning of Unregulated Deposit Scheme Act, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicants submitted that as per allegation, applicants were the agents in LUCC company and they alongwith others duped the common public but entire allegation leveled against the applicants is totally false. 4. He further submitted that if company receives deposits from its investors through its agents and subsequently duped the amount of its investors then agents of the company cannot be held liable for the same. 5. He further submitted that however, in the present matter applicants have also been challaned for offence under section 111 BNS but there is no cogent evidence against them with regard to the offence of organized crime. 6. He further submits, however, applicant no.1 is having criminal history of 11 other cases and applicant no.2 is having criminal history of 12 other cases but they were not having any previous criminal history and in all the cases they have been made accused with similar allegations and entire criminal history of the
applicants has been explained in the instant bail application. 7. He further submitted that in the present matter, applicants are in jail since 27.03.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicants were agent of LUCC company and subsequently after receiving deposits the maturity amount has not been returned to the investors but considering the fact that they are the agents of the company, submission advanced by learned counsel for the applicants at this stage, cannot be ruled out. 11.
Further, however, applicants have also been challaned for offence under section 111 BNS i.e. Organized Crime but this Court finds merit in the submission made by learned counsel for the applicants that there is no cogent evidence against the applicants with regard to the offence of Organized Crime. 12. Further, however, applicant no.1 is having criminal history of 11 other cases and applicant no.2 is having criminal history of 12 other cases but they were not having any previous criminal history and in all the cases they have been made accused with similar allegations and entire criminal history of the applicants has been explained in the instant bail application. 13. Further, in the present matter, applicant is in jail since
27.03.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are 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 applicants - Mansingh and Ashok Kumar Ahirwar 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants 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 applicants.
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 :- 14.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad