Neutral Citation No. - 2025:AHC:88579 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17829 of 2025 Applicant :- Yogendra @ Jogendra @ Ramkishan Opposite Party :- State of U.P. Counsel for Applicant :- Sheetla Sahai Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sheetla Sahai Srivastava, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 753 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2), 111, 316(2) BNS, Police Station- Kosikala, District- Mathura, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR and as per allegation, named accused persons duped the informant and got executed fake sale deed of his property but during investigation, applicant has been made accused in the present matter through the statement of father of purchaser of the property and according to him, applicant also involved in the present crime along with others. 4. He further submitted that even from the entire material available on record, it could not be reflected that applicant was the principal accused, who committed alleged fraud and cheating. 5. He further submitted that prima facie, it appears, it is a simple case of fraud and cheating but applicant has also been challaned for the offence under Section 111 BNS i.e. for organized crime and there is no evidence of organized crime against the applicant. He further submitted that there is no evidence on record, which can suggests that either applicant is the member of any organized crime syndicate or he acted on behalf of such syndicate. 6. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but in that case, he has been released on anticipatory bail and he is in jail in the present matter since 27.03.2025. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant along with others duped the informant and got executed fake sale deed of the property of the informant but it reflects, applicant was not named in the FIR and during investigation, he has been made accused in the present matter. 10. Further, even from the record, it could not be reflected that applicant was the principal accused, who committed the alleged fraud and cheating and very casually his name has been disclosed by the father of purchaser of the property by stating that applicant is also one of the person, who involved in the present crime. 11. Further, the argument advanced by learned counsel for the applicant that prima facie, it appears to be a case of simple fraud and cheating but in spite of that Investigating Officer also challaned the applicant for the offence of organized crime, cannot be completely ruled out. 12. Further, from the record, it also reflects that there is no cogent evidence, which can suggests that applicant is either the member of any organized crime syndicate or he acted on behalf of such syndicate. 13. Further, however, apart form the present case, applicant is having criminal history of one another case but in that case, he has been released on anticipatory bail and he is in jail in the present matter 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-Yogendra @ Jogendra @ Ramkishan 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 :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad