Neutral Citation No. - 2025:AHC:90730 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14185 of 2025 Applicant :- Sahab Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Arjun Singh Solanki, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.134 of 2025, under Sections 317(5) and 111 BNS and Section 4/25 Arms Act, Police Station Barsana, District Mathura during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant and co-accused indulged for commission of offence of organized crime by committing theft of vehicles but entire allegation levelled against them is totally false. 4. He further submits that even from the record it reflects that it was a simple case of theft but in spite of that FIR of the present case has also been lodged against the applicant and co-accused also under Section 111 BNS, i.e., organized crime. 5. He further submits that applicant is neither having any previous criminal history nor there is any cogent and admissible evidence that he was either member of any organized crime syndicate or he acted on behalf of such syndicate. 6. He further submits that in the present matter applicant is in jail since 2.4.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation made in the FIR applicant indulged in commission of organized crime by committing theft of vehicles along with co-accused but applicant is neither having any previous criminal history nor it appears that there is any cogent and admissible evidence against the applicant on record that either he was member of any organized crime syndicate or he acted on behalf of such syndicate, therefore, argument advanced by the learned counsel for the applicant that there is no cogent evidence agaisnt the applicant for organized crime cannot be ruled out at this stage. 10. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 2.4..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-Sahab Singh 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 :- 27.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad