Neutral Citation No. - 2025:AHC:82065 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13907 of 2025 Applicant :- Rashid Alias Dappa Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Vikram Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 23 of 2025, under Sections 318(4), 345(3), 111(2) BNS & Section 60/63 of Excise Act, Police Station Rasoolpur, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is named in the FIR alongwith co-accused Jubair and as per allegation he was driver of the vehicle and from his vehicle, liquor was recovered which were being illegally transported but entire allegations are false. 4. He further submitted that it was the simple case of fraud and cheating but inspite of that applicant has also been challaned for offence of organized crime. 5. He further submitted that there is no evidence that applicant is either member of any crime syndicate or he acted on behalf of the such syndicate. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 15.1.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From perusal of the record, it appears that applicant has also challaned for offence under section 111 BNS i.e. for organized crime but it reflects that there is no cogent evidence which can suggest that applicant was either member of any organized crime syndicate or he acted on behalf of such syndicate and even there is no criminal history of the applicant. Considering this fact, argument advanced by learned counsel for applicant that investigating officer misused the provision of organized crime cannot be ruled out, at this stage. 10. Further, in the present matter, applicant is in jail since 15.1.2025. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Rashid Alias Dappa, 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. 14. 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. 15. 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 :- 17.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad