Neutral Citation No. - 2025:AHC:80882 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16486 of 2025 Applicant :- Gaurav Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohammad Faisal Khan, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 228 of 2024, under Section 111 BNS, Police Station Civil Lines, District Muzaffarnagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in this case, applicant on 22.11.2024 has been enlarged on bail for offences under sections 109, 317(4), 317(5), 318(4), 345(3) B.N.S. by this Court but it appears subsequently on the basis of same evidences, he has also been challaned for the offence under section 111 B.N.S. and when he applied bail for the offence of organized crime then his bail application has been dismissed by the court concerned. 4. He further submitted that there is no evidence that applicant is either member of any organized crime syndicate or he acted on behalf of such syndicate. 5. He further submitted that even applicant is not having any criminal history and in the present matter he is in jail since 17.08.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. The instant bail application has has been filed by the applicant to release him on bail for offence under section 111 BNS i.e. organized crime. It reflects that on 22.11.2024 he has already been released on bail in the present matter for offences under sections 109, 317(4), 317(5), 318(4), 345(3) BNS and it also reflects, on the basis of same evidences, subsequently he has also been challaned for organized crime. 9. Further, however applicant has been challaned for offence under Section 111 B.N.S. but there is no evidence that either he is member of any organized crime syndicate or he acted on behalf of such syndicate. 10. Further, even applicant is not having any criminal history and in the present matter he is in jail since 17.08.2024 i.e. for last more than six months. 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- Gaurav Yadav, 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 :- 15.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad