Neutral Citation No. - 2025:AHC:74919 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15633 of 2025 Applicant :- Dwarika Prasad Jha Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 270 of 2025, under Sections 111, 318(4), 336(3), 340(2), 352, 351(3), 61(2) B.N.S. and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali Lalitpur, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submitted that as per allegation, applicant was one of the agent in LUCC company and he alongwith others duped the common public but entire allegation levelled against the applicant is totally false. 4. He further submitted that if company receives deposits from its investors through its agents and subsequently duped the amount of its investors then agent of the company cannot be held liable for the same. 5. He further submitted that however, in the present matter applicant has also been challaned for offence under section 111 BNS but there is no cogent evidence against him with regard to the offence of organized crime. 6. He further submits that however, apart from the present case, applicant is having criminal history of twelve other cases but he was having previous criminal history of only one case and in that case, he has been acquitted and in remaining cases, he has been made accused along with present matter with similar allegations. 7. He further submitted that in the present matter, applicant is in jail since 27.03.2025. 8. Per contra, learned AGA 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 agent of LUCC company and subsequently after receiving deposits the maturity amount has not been returned to the investors but considering the fact that he is the agent of the company, submission advanced by learned counsel for the applicant at this stage, cannot be ruled out. 11. Further, however, applicant has also been challaned for offence under section 111 BNS i.e. Organized Crime but this Court finds merit in the submission made by learned counsel for the applicant that there is no cogent evidence against the applicant with regard to the offence of Organized Crime. 12. Further, however, apart from the present case, applicant is having criminal history of twelve other cases but he was having previous criminal history of only one case and in that case, he has been acquitted and in remaining cases, he has been made accused along with present matter with similar allegations. 13. Further, in the present matter, applicant 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 - Dwarika Prasad Jha 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad