Neutral Citation No. - 2025:AHC:29615 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2519 of 2025 Applicant :- Vishwanath Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Jalaj Singh Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Jalaj Singh, learned counsel for the informant as well as Sri Rupak Chaubey, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 381 of 2024, under Sections 420, 467, 468, 471, 506, 120-B IPC, Police Station C.B.Gunj, District Bareilly, during the pendency of trial. 3. 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. The name of the applicant surfaced during investigation. The applicant is the Principal of Khusro I.T.I. run by Khusro Management Committee. The fee of D-Pharma Courses was deposited in the office of Khusro Institute of Medical Science & Technology. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no credible evidence to link the applicant with the offence. The case of the applicant is clearly distinguishable from that of co-accused Sher Ali Jafari and Vijay Sharma. The criminal history of the applicant has been explained in para 16 of the affidavit. The applicant is in jail since 17.10.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and the counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the name of the applicant surfaced during investigation. No amount has been credited in the bank account of the applicant. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when 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, 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 the 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; (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 :- 3.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad