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Neutral Citation No. - 2025:AHC:90487 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14249 of 2025 Applicant :- Parikshit Parse Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- Akshay Raj Singh,G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ashwini Kumar Ojha, learned counsel for the applicant, Sri Akshay Raj Singh, learned counsel for the informant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 236 of 2024, under Sections 61(2), 340(2), 336(3), 318(4), 111 B.N.S. and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Mehrauni, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is not named in the FIR and during investigation he has been made accused in the present matter with the allegation that he was Legal Advisor of the LUCC company and he also involved in the present crime. 4. He further submits, even if the allegations are accepted that applicant was Legal Advisor of the company then also it cannot be said that applicant involved in the present matter along with others. He further submits, however applicant was never Legal Advisor of the company. 5. He further submits, applicant after retirement from bank provided some services to the company and only due to this reason, he has been made accused in the present matter. 6. He further submits, however, in the present matter applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence on record that applicant was either member of any organized crime syndicate or he acted
on behalf of such syndicate. 7. He further submits, applicant was not having any previous criminal history and in the present matter he is in jail since
27.03.2025. 8. Per contra, learned AGA as well as learned counsel for the informant 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.
However, as per allegation applicant was Legal Advisor of LUCC company and he duped the common public along with others but it reflects, applicant was not named in the FIR and during investigation he has been made accused in the present matter. 11. Further, after considering the entire material available on record, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence that applicant also duped the common public. Further, even number of other accused persons, who were agents of the company, have been released on bail. 12. Further, applicant has also challaned for offense of organized crime but there is no evidence on record that applicant was either member of any organized crime syndicate or he acted on behalf of such syndicate. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 27.03.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is 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 applicant - Parikshit Parse 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. 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 applicant. 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 :- 27.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad