Neutral Citation No. - 2025:AHC:34904 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8347 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 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 408 of 2024, under Sections 420, 467, 468, 471, 406, 120-B I.P.C., Police Station C.B. Gunj, District Bareilly during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is Principal of Khusro ITI College, Bareilly. The fees of D. Pharma course were deposited in the office of Khusro Institute of Medical Science and Technology. Neither any amount has been credited in the account of the applicant nor in the account of Khusro ITI College, Bareilly. 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 Paragraph- 13 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 neither any amount has been credited in the account of the applicant nor in the account of Khusro ITI College, Bareilly. At this stage there is no substantive evidence to link the applicant with the offence. Moreover, the applicant has remained confined for more than four and half 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 :- 10.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad