Neutral Citation No. - 2025:AHC-LKO:30009 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 553 of 2025 Applicant :- Ajay Kumar Tiwari @ Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 08 of 2024, under Sections 419, 420/34 IPC and Section 66-D Information Technology Act, Police Station Cyber Crime, District Ayodhya/Faizabad. 4. As per contents of First Information Report which has been lodged against unknown persons, allegation levelled is that certain persons sent a Whatsapp message to the informant inducing him to make an investment with promise of higher return which was complied with by the informant but without any return being made to him. 5. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that neither is the applicant named in the FIR nor has any allegation been levelled against him and his name has been introduced only on the basis of alleged confessional statement of other persons, who were apprehended. It is further submitted that there is no direct or indirect evidence against the applicant, who undertakes to cooperate in the ongoing investigation. It is also submitted that applicant does not have any previous criminal history. 6. Learned AGA has opposed anticipatory bail application with the submission that applicant is not cooperating in the investigation but admits that applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant's name has been introduced only on the basis of alleged confessional statement of persons, who have already been apprehended and subsequently enlarged on bail. Investigation is still ongoing in which applicant undertakes to cooperate. 8. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1. 9. In view of the above, it is provided that in the event of arrest, the applicant, Ajay Kumar Tiwari @ Ram shall be released on anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court 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/I.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. 10. The application stands disposed of. Order Date :- 21.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench