2025:UHC:3026 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI ANTICIPATORY BAIL APPLICATION NO. 374 of 2025 Vivek Kumar ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sharang Dhulia, Advocate through V.C. Counsel for the State : Mr. G.C. Joshi, learned A.G.A. Hon’ble Ashish Naithani,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for Anticipatory Bail under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in connection with the First Information Report No. 492 of 2024, registered at police station Kotwali Haridwar, District Haridwar. 2. As per the prosecution case, the informant, Mr. Vikas Kaushik, father of Mr. Aryan Kaushik, lodged an FIR alleging that in July, 2023, he was exploring opportunities for his son’s higher education in abroad, 1 2025:UHC:3026 subsequent to his M.B.B.S. degree from Perms University, Russia. He came into contact with one representative, namely, Sagar from “The Internationally and Abroad Education Company”, a consultancy firm claiming to assist students in securing foreign admissions. 3. Acting upon the assurances extended by Sagar, the informant visited the office of the said consultancy firm at Angel Mall, Kaushambi, Ghaziabad, where he met three individuals- Mr. Rahul Gautam, Ms. Archana Gautam and the present applicant, who allegedly introduced themselves as Directors. They assured the informant of their strong foreign networks and prior successful facilitation of student admissions. 4. To reinforce trust, a video call was arranged with one Ms. Susmita Nanda, based on Germany, who introduced herself as the Director of “IBS International”. On her representation, the informant agreed to pay Rs. 2,00,000/- in the account of Ms. Archana Gautam on 2nd and 3rd August, 2023, and subsequently transferred € 10,500/- (approximately Rs. 9,70,000) to Ms. Nand’s overseas account on 25.08.2023 for admission into Barcelona University, 2 2025:UHC:3026 Spain. 5. Thereafter, the informant was provided with an offer letter purportedly from Barcelona University, and advised to apply for a student visa. However, the visa was rejected by the Spanish Embassy on the ground of fake documents, which led to the filing of the present FIR. 6. Heard Mr. Sharang Dhulia, learned counsel for the applicant through video conferencing and Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand and perused the record. 7. Learned counsel for the applicant submits that the applicant has been falsely implicated; no specific act of forgery or deceit is attributable to him and co-accused, namely Ms. Archana Gautam, has already been granted regular bail by this Court on 16.04.2025. It is contended that his role was restricted to India-based facilitation and consultancy, while the responsibility of generating admission documents and securing university confirmation was solely that of Ms. Susmita Nanda, as per a Memorandum of Understanding (MOU) dated 20.09.2022. 3 2025:UHC:3026 8. The MOU clearly delineated the division of responsibilities between “The Internationally” and “IBS International”, assigning 80% to Ms. Nanda’s entity and 20% to the applicant’s consultancy. It is further argued that the alleged money that was deposited in the account of co-accused, Archana Gautam, has been returned to the complainant. 9. Learned counsel for the applicant further argued that the applicant has no criminal antecedents and there is no specific allegation against him. 10. On the other hand, learned A.G.A. for the State, has opposed the Anticipatory Bail Application orally. He submits that the applicant was an active conspirator; has a criminal history and is involved in multiple cases of a similar nature, registered against him in various States. 11. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 12. In the facts and circumstances of the case, the applicant – Vivek Kumar is directed to be released 4 2025:UHC:3026 on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:- (i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) Applicant shall not leave the country without the previous permission of the trial court. 13. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. 14. First Anticipatory Bail Application (No. 374 of 2025) stands disposed of accordingly. ___________________ ASHISH NAITHANI, J. Date:24.04.2025 5 SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08 b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A 9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.04.24 18:09:33 +05'30'