Neutral Citation No. - 2025:AHC:87416 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17683 of 2025 Applicant :- Rahul Yadav 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 Jhamman Ram, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0687 of 2024, under Sections 111, 336(3), 340(2), 61(2), 318 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 however, applicant is not named in the FIR but during investigation, he has been made accused in the present matter as he also worked for sometime for LUCC company but merely on this ground, it cannot be said that applicant involved in the alleged offence along with others in duping the common public. 4. He further submitted that however, apart from the present case, applicant is having criminal history of 13 other cases but his criminal history has been explained in the instant bail application. He further submitted that out of 13 cases, in seven cases, applicant has been made accused along with present case with similar allegation. He further submitted that remaining six cases relate to the State of Madhya Pradesh and out of six cases, in five cases, he has been made accused on the ground that he was agent of LJCC and remaining one case relates to the offence under Section 376-D IPC but in all the cases, applicant is on bail and his bail orders have been annexed along with the instant bail application. 5. He further submitted that law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 6. He further submitted that in the present matter, applicant is in jail since 27.03.2025. 7. Per contra, learned AGA 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. Applicant was not named in the FIR and during investigation, he has been made accused in the present matter on the ground that he also worked in LUCC company for some time and considering this fact, the argument advanced by learned counsel for the applicant that even if, applicant worked for LUCC company for limited period then it cannot be said that he also involved in commission of alleged crime, cannot be completely ruled out at this stage. 10. Further, however, apart from the present case, applicant is having criminal history of 13 other cases but his criminal history has been explained in the instant bail application and out of 13 cases, in seven cases, applicant has been made accused along with present case with similar allegation. Further, remaining six cases relate to the State of Madhya Pradesh and out of six cases, in five cases, he has been made accused on the ground that he was agent of LJCC and remaining one case relates to the offence under Section 376-D IPC but in all the cases, applicant is on bail and his bail orders have been annexed along with the instant bail application. 11. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 12. Further, in the present matter, applicant is in jail since 27.03.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Rahul 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. 16. 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. 17. 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 :- 22.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad