Neutral Citation No. - 2025:AHC:76077 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13709 of 2025 Applicant :- Gajraj Sahariya Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi 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 Nanhe Lal Tripathi, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 789 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 352, 351(3), 111(3), 61(2) BNS, Police Station Kotwali Lalitpur, District Lalitpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation made in the FIR by playing fraud named accused alienated the property of the informant. 5. He further submitted that applicant was not named in the FIR but during investigation he was made accused on the ground that on the alleged fake registered sale deed his photograph was used. 6. He further submitted that entire allegation levelled against the applicant is totally false and there is no evidence that applicant involved in the present crime. 7. He further submitted that if by playing fraud photograph of the applicant has been used then it cannot be said that there is also involvement of the applicant in the commission of the instant crime. 8. He further submitted that it is a simple case of fraud and cheating but applicant has also been challaned for offence under section 111 BNS i.e organized crime. 9. He further submitted that as applicant is neither having any previous criminal history nor there is evidence that he is member of any organized crime syndicate, therefore, offence under section 111 BNS is not made out against the applicant. 10. He further submitted that except the offence of organized crime, all the other offences are triable by Magistrate. 11. He further submitted that even number of other accused who were even named in the FIR have already been released on bail by the co-ordinate bench of this Court including co-accused Subodh Sahu vide order dated 12.12.2024 passed in Crl. Misc. Bail Application No. 45467 of 2024. 12. He further submitted that applicant is in jail in the present matter since 7.10.2024 i.e. for last more than six months. 13. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 14. I have heard learned counsel for the parties and perused the record of the case. 15.However, as per allegation by playing fraud applicant and other accused persons got executed the sale deed of the property of the informant but applicant was not named in the FIR and named co- accused Subodh Sahu has already been released on bail by the co- ordinate Bench of this Court. 16. Further, however, applicant has also challaned for offence of organized crime but it appears there is no cogent evidence of organized crime against the applicant on record as he is neither having any previous criminal history nor there is any evidence that he is the member of any organized crime syndicate. 17. Further, applicant is in jail in the present matter since 7.10.2024 i.e. for last more than six months. 18. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant-Gajraj Sahariya, 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. 21. 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. 22. 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 :- 9.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad