Neutral Citation No. - 2025:AHC:27767 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2917 of 2025 Applicant :- Vishwanath Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 418 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station C.B. Ganj, District Bareilly during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the allegations in the first information report, the cash amount was received by co-accused Tariq. The fees of D. Pharma was also deposited in the office of Khusro Institute of Medical Science and Technology College. The name of the applicant was disclosed by named co-accused Sher Ali Zafri in the police custody. The said statement insofar as it implicates the applicant is unreliable. No amount was credited in the bank account of the applicant. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph-14 of the affidavit. The applicant is in jail since 17.10.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by named co-accused Sher Ali Zafri in the police custody. At this stage there is no substantive evidence to link the applicant with the offence. Moreover, the applicant has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Vishwanath Sharma, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad