Neutral Citation No. - 2025:AHC:83302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14995 of 2025 Applicant :- Nitin Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar 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 Sunil Kumar, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2025, under Sections 318(4), 336(3), 338, 340(2), 111(2)B, 61(2)(ka) B.N.S., Police Station Rajpura, District Sambhal during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation he has been made accused in the present matter through the statement of co- accused and except the statement of co-accused and confessional statement of the applicant before the police, there is no cogent and admissible evidence against the applicant on record. 5. He further submits, however, applicant has also been challaned for offence of organized crime but he was not even having any previous criminal history. 6. He further submits, there is also no evidence that applicant is either member of any organized crime syndicate or he acted on behalf of such syndicate and these facts suggest that actually Investigating Officer misused the provisions of organized crime. 7. He further submits, in the present matter applicant is in jail since 20.02.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects, applicant has also challaned for offence of organized crime but he was not having any previous criminal history and even there is no evidence on record which can suggest 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 there is no cogent evidence of organized crime against the applicant and Investigating Officer misused the provisions of organized crime, cannot be ruled out at this stage. 11. Further, it reflects, during investigation applicant has been made accused in the present matter and it also reflects, except the statement of co-accused and confessional statement of the applicant before the police, there is no cogent and admissible evidence against the applicant on record and this fact has not been controverted by learned AGA. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Nitin Chaudhary 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. 15. 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. 16. 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad