Neutral Citation No. - 2025:AHC-LKO:17513 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 347 of 2025 Applicant :- Lokendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashish Mishra,Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. In view of order being passed, notice opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 45 of 2024 under Sections 419, 420, 467, 468 and 471 IPC & under Section 4/10 of the U.P. Public Examination (Prevention of Unfair Means) Act, Police Station Chinhat District Lucknow. 3. As per contents of First Information Report, the incident is said to have taken place on 03.02.2024 when one Saurabh Kumar was cought impersonating the applicant in the competitive examinations. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him and that he was neither present at the time of examination who are nor was any recovery made from him. It is submitted that the alleged impersonator Saurabh Kumar has already been enlarged on bail by this Court in Bail Application 3613 of 2024. It is also submitted that applicant does not have any previous criminal history and undertakes to cooperate in investigation. 5. Learned AGA appearing on behalf of State on the basis of instructions has opposed bail application but admits that applicant does not any previous criminal history and that the alleged impersonator has already been enlarged on bail. He, however, submits that the applicant is not cooperating in investigation due to which non-bailable warrant and proclamation under Section 82 Cr.P.C. has been issued against applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the alleged impersonator Saurabh Kumar has already been enlarged on bail and the applicant does not have any previous criminal history. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Lokendra shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant is directed to appear before the Investigating Officer on 01.04.2025 at 02:00 PM. (2) The applicant shall cooperate in the investigation and he will not influence the witnesses. (3) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (4) The applicant shall not leave India without previous permission of the Court. (5) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands disposed of. Order Date :- 27.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench