Neutral Citation No. - 2025:AHC-LKO:24285 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 372 of 2025 Applicant :- Ayush Tiwari @ Ayush Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Dwivedi,Anil Kumar 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 to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 0237 of 2024, under Sections 420, 467, 468, 471 IPC, Police Station Motigarpur, District Sultanpur. 3. As per contents of First Information Report in which applicant is not named, the allegation levelled is that the informant was induced to take admission in the S.S. Paramedical Institute in the B.Pharma course and upon completion thereof, a mark-sheet and degree was also issued to him, which subsequently turned out to the fake. It is submitted that applicant has not been named in the FIR, it has been falsely implicated in charges levelled against him only on account of alleged statements of co-accused as being one of the person involved in the said forgery. It is submitted that investigation is still ongoing and applicant's previous criminal history of one case has already been explained. 5. Learned AGA appearing on behalf of State has opposed bail application with the submission that during the course of investigation, it transpired that applicant is one of the person involved in issuing of fake mark-sheets of the college which is unaffiliated. It is, however, admitted that investigation is still ongoing and the applicant's previous criminal history has been explained. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant is not named in the FIR nor is there any allegation levelled against him. His role appears could have been introduced during the course of investigation which is still ongoing. Previous criminal history has already been explained. 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- Ayush Tiwari @ Ayush Kumar Tiwari 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 shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 9. The application stands Allowed. Order Date :- 29.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench