Neutral Citation No. - 2025:AHC:85764 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13443 of 2025 Applicant :- Akash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh,Arvind Kumar Tripathi,Urvashi Kunwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Aishwarya Pratap Singh, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.26 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2), 111(2)Kha B.N.S., 2023, Police Station Gunnaur, District Sambhal, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, it is a case of fraud and cheating and as per allegation, accused persons duped the informant and they misappropriated the entire life insurance amount of her husband but the applicant was not named in the FIR and during investigation, after two months, he has been made accused in the present matter through the information furnished by police informer. 5. He further submits that except the statement of co-accused and confessional statement of the applicant, there is no cogent evidence, which can connect him with the instant crime. 6. He further submits that applicant has also been challaned for the offence under Section 111 BNS i.e. for organized crime but he was not having any previous criminal history and there is no evidence that he was either member of any organized crime syndicate or he acted on behalf of such syndicate and therefore, it reflects, I.O. misused the provision of organized crime and prima-facie, present case appears to be a simple case of fraud and cheating. 7. He further submits that when applicant was arrested in the present matter then simultaneously he has also been made accused in four other cases with similar allegations and his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 8. He further submits that applicant is in jail in the present matter since 20.02.2025 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant and others duped the informant and misappropriated the life insurance amount of her husband but applicant was not named in the FIR and after two months through the information furnished by police informer, he has been made accused in the present matter and it reflects, except bald and verbal allegations, there is no cogent and admissible evidence on record on the basis of which, he could be connected with the instant crime. 12. Further, however, applicant has also been challaned for the offence under Section 111 BNS i.e. for organized crime but he was not having any previous criminal history. Further, even there is no evidence that he was either member of any organized crime syndicate or he acted on behalf of such syndicate. Considering these facts, the argument advanced by learned counsel for the applicant that actually the present case is merely a case of fraud and cheating but without any cogent evidence, I.O. also challaned the applicant for organized crime, cannot be ruled out at this stage. 13. Further, however, it reflects, when applicant was arrested in the present matter then simultaneously he has also been made accused in four other cases with similar allegations but his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 14. Further, applicant is in jail in the present matter since 20.02.2025. 15. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Akash Yadav, 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. 19. 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. 20. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad