Amar Singh Tomar v. State of U.P.) but the said petition was got dismissed as not pressed vide

Applicant :- Amar Singh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Sr. Advocate,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Krishna Kant Dubey,Lavkush Dixit Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Lavkush Dixit, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. Learned counsel for the applicant submits that the applicant was granted interim anticipatory bail vide order dated 28.05.2024 by this Court subsequent to which counter affidavit of the State and rejoinder affidavit to the same has been filed in which there is no instance of any misuse of the said interim anticipatory bail. The said order reads as under:- "1. List revised.

2. Heard Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Krishna Kant Dubey, Advocate holding brief of Sri Lovkush Dixit, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present matter. It is further submitted that the applicant is aged about 64 years old. It is further submitted that the first information report was initially lodged under Sections 302, 448, 506 IPC on 17.08.2023 after which, the matter was converted into a case under Sections 306, 448, 506 IPC. It is further submitted that subsequently charge sheet in the matter has been submitted under Sections 448, 506 & 306 IPC against the accused, namely, Subham Tomar and Akash Tomar on which the trial court vide its order dated 07.03.2024 has taken cognizance and summoned the accused persons including the applicant. It is further submitted that as per the prosecution case, a suicide note is alleged to have been written by the deceased- Vikram Singh Tomar but the same is too vague to implicate the applicant in the present matter and the reading of the same, in no manner shows any nexus with his death. It is further submitted that the applicant has no mens-rea. It is further submitted that there is no overt act whatsoever of the applicant which resulted in the death of the deceased. It is further submitted that the applicant has no motive at all to commit the aforesaid offence. It is further submitted that during investigation, the applicant was granted interim anticipatory bail vide order dated 18.01.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.12346 of 2023 (Amar Singh Tomar Vs. State of U.P.) but the said petition was got dismissed as not pressed vide order dated 20.03.2024 since the charge sheet in the matter has been submitted on which the court concerned had taken cognizance and the accused persons were summoned.

4. The matter requires consideration.

5. Notice on behalf of the State of U.P./opposite party no.1 has been accepted by learned AGA and notice on behalf of the opposite party no.2 has been also been accepted by learned counsel for the opposite party no.2.

6. Both the learned counsels shall file their counter affidavits within a period of four weeks. Rejoinder affidavit, if any, may be filed within three weeks thereafter.

7. Let the matter be listed on 11.07.2024.

8. In the event of arrest of the applicant- Amar Singh Tomar, involved in Case Crime No. 650 of 2023, under Sections 306, 448, 506 I.P.C., Police Station- Shikohabad, District Firozabad, shall be released on interim anticipatory bail, till the next date of listing, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned (provided the applicant appears before the trial court concerned within twenty days from today and complies with the directions of this Court) with the following conditions:- (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned. (ii) 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 from disclosing such facts to the Court. (iii) the applicant shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him before the concerned court.

9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."

4. Learned counsel for the first informant submits that he does not intends to file any counter affidavit in the present matter which was even previously informed to the Court on 23.09.2024 and has been recorded in paragraph 3 of the said order.

5. Learned counsel for the first informant submits that the order-sheet of the present matter will go to show that on 11.07.2024 there was no appearance on behalf of the applicant and then twice time was taken by learned counsel for the applicant to file rejoinder affidavit. Subsequently on 13.12.2024 there was no representation on behalf of the applicant which would go to show that there has been non co- operation by the applicant in the present matter before this Court. It is submitted that as such the anticipatory bail be dismissed.

6. Learned counsel for the State has also been heard but could not point anything in his counter affidavit to show any misuse of anticipatory bail granted.

7. The records show that previously the applicant was granted interim anticipatory bail vide order dated 28.05.2024 which was subsequently extended vide orders dated 23.09.2024, 23.10.2024 and 24.01.2025 by this Court.

8. There is nothing on record to show that the applicant misused the liberty granted to him by this Court and there was no co-operation by him to the court concerned.

9. In view of the same, since the applicant was granted interim anticipatory bail vide order dated 28.05.2024, the same is hereby made absolute during the period of trial for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned. (ii) 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 from disclosing such facts to the Court. (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

10. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

11. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

12. The court concerned shall not be prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

13. The first informant and the prosecution shall be at liberty to file an application for cancellation of anticipatory bail before this Court in the event the applicant does not co-operate in the trial.

14. The present anticipatory bail application is allowed. Order Date :- 10.3.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Applicant :- Amar Singh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Sr. Advocate,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Krishna Kant Dubey,Lavkush Dixit Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Lavkush Dixit, learned counsel for the first informant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

3. Learned counsel for the applicant submits that the applicant was granted interim anticipatory bail vide order dated 28.05.2024 by this Court subsequent to which counter affidavit of the State and rejoinder affidavit to the same has been filed in which there is no instance of any misuse of the said interim anticipatory bail. The said order reads as under:- "1. List revised.

2. Heard Sri Brijesh Sahai, learned Senior Advocate assisted by Sri Yogesh Kumar Srivastava, learned counsel for the applicant, Sri Krishna Kant Dubey, Advocate holding brief of Sri Lovkush Dixit, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present matter. It is further submitted that the applicant is aged about 64 years old. It is further submitted that the first information report was initially lodged under Sections 302, 448, 506 IPC on 17.08.2023 after which, the matter was converted into a case under Sections 306, 448, 506 IPC. It is further submitted that subsequently charge sheet in the matter has been submitted under Sections 448, 506 & 306 IPC against the accused, namely, Subham Tomar and Akash Tomar on which the trial court vide its order dated 07.03.2024 has taken cognizance and summoned the accused persons including the applicant. It is further submitted that as per the prosecution case, a suicide note is alleged to have been written by the deceased- Vikram Singh Tomar but the same is too vague to implicate the applicant in the present matter and the reading of the same, in no manner shows any nexus with his death. It is further submitted that the applicant has no mens-rea. It is further submitted that there is no overt act whatsoever of the applicant which resulted in the death of the deceased. It is further submitted that the applicant has no motive at all to commit the aforesaid offence. It is further submitted that during investigation, the applicant was granted interim anticipatory bail vide order dated 18.01.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.12346 of 2023 (Amar Singh Tomar Vs. State of U.P.) but the said petition was got dismissed as not pressed vide order dated 20.03.2024 since the charge sheet in the matter has been submitted on which the court concerned had taken cognizance and the accused persons were summoned.

4. The matter requires consideration.

5. Notice on behalf of the State of U.P./opposite party no.1 has been accepted by learned AGA and notice on behalf of the opposite party no.2 has been also been accepted by learned counsel for the opposite party no.2.

6. Both the learned counsels shall file their counter affidavits within a period of four weeks. Rejoinder affidavit, if any, may be filed within three weeks thereafter.

7. Let the matter be listed on 11.07.2024.

8. In the event of arrest of the applicant- Amar Singh Tomar, involved in Case Crime No. 650 of 2023, under Sections 306, 448, 506 I.P.C., Police Station- Shikohabad, District Firozabad, shall be released on interim anticipatory bail, till the next date of listing, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned (provided the applicant appears before the trial court concerned within twenty days from today and complies with the directions of this Court) with the following conditions:- (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned. (ii) 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 from disclosing such facts to the Court. (iii) the applicant shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by him before the concerned court.

9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."

4. Learned counsel for the first informant submits that he does not intends to file any counter affidavit in the present matter which was even previously informed to the Court on 23.09.2024 and has been recorded in paragraph 3 of the said order.

5. Learned counsel for the first informant submits that the order-sheet of the present matter will go to show that on 11.07.2024 there was no appearance on behalf of the applicant and then twice time was taken by learned counsel for the applicant to file rejoinder affidavit. Subsequently on 13.12.2024 there was no representation on behalf of the applicant which would go to show that there has been non co- operation by the applicant in the present matter before this Court. It is submitted that as such the anticipatory bail be dismissed.

6. Learned counsel for the State has also been heard but could not point anything in his counter affidavit to show any misuse of anticipatory bail granted.

7. The records show that previously the applicant was granted interim anticipatory bail vide order dated 28.05.2024 which was subsequently extended vide orders dated 23.09.2024, 23.10.2024 and 24.01.2025 by this Court.

8. There is nothing on record to show that the applicant misused the liberty granted to him by this Court and there was no co-operation by him to the court concerned.

9. In view of the same, since the applicant was granted interim anticipatory bail vide order dated 28.05.2024, the same is hereby made absolute during the period of trial for the reasons as given in the said order on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned. (ii) 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 from disclosing such facts to the Court. (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

10. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

11. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

12. The court concerned shall not be prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

13. The first informant and the prosecution shall be at liberty to file an application for cancellation of anticipatory bail before this Court in the event the applicant does not co-operate in the trial.

14. The present anticipatory bail application is allowed. Order Date :- 10.3.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad