Neutral Citation No. - 2025:AHC:16772 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 597 of 2025 Applicant :- Ram Naresh Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 704 of 2025 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. As both the connected matters arise from the same case crime number, therefore, both are being disposed of by a common order. 2. Heard Shri Ashwini Kumar Ojha, learned counsel for the applicants and Shri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.261 of 2024, under Sections 111, 61(2), 318, 336(3), 340(2), 351(3) B.N.S., 2023, Police Station Talbehat, District Lalitpur, during pendency of the trial in the court below. 4. Learned counsel for the applicants submits that applicants were not named in the FIR and during investigation, they have been made accused in the present matter on the ground that they were one of the agents in L.U.C.C. Company. It is next submitted, as per allegation, after receiving deposits from its investors through its agents, L.U.C.C. Company failed to return their money and as applicants are only agents of the company, therefore, they cannot held liable. 5. He further submits that during investigation, alongwith applicants, co-accused Mansingh and Ashok Ahirwar were also made accused and with a detailed order, they have been released on bail by this Court vide order dated 04.02.2025 passed in Criminal Misc. Bail Application No.481 of 2025 and on merit, case of applicants is at par with them. 6. He further submits that however, applicants have also been challaned for offence under Section 111 B.N.S. i.e. organized crime but there is no cogent evidence against them in this regard. 7. He further submits that however, apart from the present case, applicants are also having criminal history of nine other cases but they are having no previous criminal history to their credits and alonwith the present matter they have been made accused in all the nine cases with similar allegations and their criminal history have been explained in their respective bail application. 8. He further submits that even co-accused Mansingh and Ashok Ahirwar were also having criminal antecedents of similar nature. 9. He further submits that applicants are in jail in the present matter since 22.10.2024. 10. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. However, as per allegation, L.U.C.C. Company after receiving money from the investors through its agents did not return the same but considering the fact that applicants are agents of the company, the argument advanced by learned counsel for the applicants that being agents of the company, they cannot be held liable, if subsequently after receiving the deposits, company did not repay the amount to its investors, cannot be ruled out. 13. Further, however, applicants have also been challaned for offence under Section 111 B.N.S. i.e. organized crime but it appears, there is no cogent evidence against them in this regard except the bald and verbal allegations. 14. Further, however, apart from the present case, applicants are also having criminal history of nine other cases but they are having no previous criminal history to their credits and it reflects, alongwith the present matter they have been made accused in all the nine cases with similar allegations and their criminal history have been explained in their respective bail application. 15. Further, similarly placed co-accused Mansingh and Ashok Ahirwar have already been released on bail. 16. Further, applicants are in jail in the present matter since 22.10.2024. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicants- Ram Naresh Sahu and Satish, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 20. 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 applicants. 21. 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 :- 5.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad