Neutral Citation No. - 2025:AHC:134276 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15147 of 2025 Applicant :- Vivek Raman Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey,Naman Agarwal,Nipun Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against the five persons including the applicant with the allegation that all the accused persons started a hotel management course in their educational institute namely B.P. Institute of Hotel and Tourism and with the collusion of Oriental Bank of Commerce fraudulently opened a bank account in the name of complainant to secure a loan of Rs. 2,95,000/- which was subsequently transferred to the bank account of the institute. Thereafter, the accused without imparting any educational training or awarding any degree to enrolled students closed the institute and absconded leaving all the students in financial and educational distress. Learned counsel further submits that false allegations have been levelled against the applicant. No such offence has been committed by him as alleged. The applicant and other employees established the said institute in the year, 2008. The said institute was initially affiliated with the Annamalai University, Chennai who was conducting exam. Thereafter, the affiliation of the institution came up with the E.I.I.L.M. University, Sikkim. In December, 2014 the coordinator of the University failed to conduct the scheduled examinations. There is failure on the part of exam coordinator and there is no role of applicant for not conducting such examinations. There is no evidence against the applicant that in which manner loan was provided by him to the students and as to whether the applicant is involved in providing such loan to the students in any manner. Lastly it is argued that allegations made in the F.I.R. are entirely false and fabricated and the present prosecution has been launched with malafide intention and with ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant has no previous criminal history but now five criminal cases have been registered against him except the present case. He next submits that the applicant is in jail since 12.02.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Vivek Raman, be enlarged on bail in Case Crime No. 1366 of 2025, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station- Sikandra, District- Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 5.8.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad