Neutral Citation No. - 2025:AHC:35019 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2094 of 2024 Applicant :- Himanshu Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Devendra Singh Counsel for Opposite Party :- Abhishe Pandey,Akhilesh Kumar,G.A.,Lavkush Dixit Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Lavkush Dixit, counsel for the informant. Perused the material placed on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.650 of 2023, under sections 306, 448, 506 I.P.C., P.S. Shikohabad, District Firozabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report and the material collected during investigation, the necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. Further, the investigation has been competed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The criminal history of the applicant has been explained in para 3 of the first supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the necessary ingredients to constitute the offence of abatement, as defined under Section 306 I.P.C., are not made out against the applicant, the fact that during the course of investigation, the applicant was granted protection by this Court till submission of police report, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Himanshu Tomar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a 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 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 10.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad