Neutral Citation No. - 2025:AHC:82846 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16848 of 2025 Applicant :- Hardev Patel Opposite Party :- State of U.P. Counsel for Applicant :- Munna Lal Patel,Sanjeev Patel Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjeev Patel, learned counsel for the applicant and Santosh Nigam, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 261 of 2024, under Sections 111, 318, 336(3), 340(2), 61(2), 351(3) B.N.S. and Section 3/21 Banning of Unregulated Deposit Scheme Act, 2019, Police Station Talbehat, District Lalitpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was not named in the FIR and during investigation, he has been made accused in the present matter on the ground that he was also agent of the LUCC company, which duped the common public. 4. He further submits, as per allegation, even after receiving deposits from the investor through its agents, LUCC company did not repay the amount. It is next submitted, as applicant is agent of the company, therefore, he cannot be held liable if subsequently company failed to return the maturity amount to its investor. 5. He further submitted that, 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 of organized crime against the applicant. 6. He further submits, however, applicant was not having any previous criminal history but along with present matter he has been made accused in 13 other cases with similar allegations and entire criminal history of the applicant has been explained in the instant bail application. 7. He further submitted that in the present matter, applicant is in jail since 28.08.2024 i.e. for last more than eight months. 8. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, LUCC company after receiving deposits from its investor through agent did not return their money and applicant is agent of the company and on this ground, he has been made accused in the present matter during investigation but considering this fact, submission advanced by learned counsel for the applicant that only being agent of the company, applicant cannot be held liable, if subsequently company failed to repay the amount, cannot be completely ruled out at this stage. 11. Further, however, applicant was not having any previous criminal history but along with present matter he has also been made accused in 13 cases with similar allegations and entire criminal history of the applicant has been explained in the instant bail application. 12. Further, in the present matter, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but it appears that except the bald and verbal allegation, there is no cogent evidence against him on record with regard to offense under Section 111 BNS. 13. Further, in the present matter, applicant is in jail since 28.08.2024 i.e. for last more than eight months. 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 - Hardev Patel 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 :- 17.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad