Neutral Citation No. - 2025:AHC-LKO:19901 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 301 of 2025 Applicant :- Siddharth Kumar Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Arpan Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party. Notice to opposite party no.2 stands dispensed with. 2. First anticipatory bail application has been filed with regard to case crime No. 100/2024, under Sections 318 (4), 336 (3), 112, 340 (2) BNS, 2023 and Sections 13(5) and 11(7) of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and Section 66D of the I.T Act, P.S. Hussainganj, District Lucknow. 3. As per contents of first information report, certain social media posts were made with regard to police recruitment to be held in 2024. Allegation levelled against the applicant is that he also created a social media account and posted a fabricated question paper pertaining to the said recruitment while seeking payment for answering questions on the same. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him. It is also submitted that although initially Section 338 BNS 2023 was indicated against the applicant but has subsequently been dropped. He has submitted that even otherwise the provisions of Section 11(vii) of the U.P. Public Examinations (Prevention of Unfair Means) Act 2004 is inapplicable in the case of applicant since as per contents of F.I.R. itself, the allegation against the applicant is not of having supplied or answered the actual question paper but only a fabricated forged one and therefore there was no question of providing any wrongful gain to any examinee. It is also submitted that since Section 11 of the Act of 2024 is inapplicable, consequently provisions of Section 13(5) of the said Act will also be inapplicable in case of petitioner particularly in view of definition of the term 'solver gang' as per section 2(i) of the Act of 2024 since there is no allegation against the applicant that he impersonated himself to be a general examinee in a public examination or that he has acquired any question paper or copy of it relating to public examination. 5. 5. It is also submitted that the applicant is fully cooperating in investigation in which charge sheet has not yet been filed. It is also submitted that the applicant is a student of M.A./M.Sc. in Geography from Mahatama Gandhi Kashi Vidya Peeth, Varanasi and any arrest in terms of the F.I.R. would have and adverse effect upon his career particularly since investigation is yet ongoing. 6. Learned A.G.A. has opposed bail application with the submission that as per current investigation, the social media post has been traced to the applicant including that of his phone number and the aspect of provisions imputed against the applicant are clearly made out. It is admitted that there is no previous criminal history of the applicant. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the allegations as levelled against the applicant in terms of Sections 11 (vii), 13(5), read with section 2(i) of the Act of 2024 will require to be considered during investigation or trial, if any. It is not denied that the applicant is student pursuing his higher studies in the Bangalore University and the investigation has not yet concluded. Learned counsel for applicant has also provided an undertaking of applicant that he shall cooperate in the investigation. Charge-sheet has not yet been filed. 8. 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. 9. In view of the above, it is provided that in the event of arrest, the applicant- Siddharth Kumar Gupta 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:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s) 10. The application stands allowed. Order Date :- 9.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench