Neutral Citation No. - 2025:AHC:141441 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17122 of 2025 Applicant :- Vikas Kumar Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Dharam Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Ms. Anita Singh, learned counsel for the applicant and learned A.G.A for the State. F.I.R was lodged by the informant against unknown accused alleging that he saw an unknown dead body lying in his field at about 09:00 a.m and F.I.R was lodge don 13.01.2025. The dead body of deceased was identified on 23.01.2025. It was alleged that the applicant was last seen with the deceased on 12.01.2025 and F.I.R was lodged on 17.01.2025 at Police Station- Rohini Delhi by his son that his father was mentally disturbed and has gone missing since 12.01.2025. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case on the basis of planted recovery of watch and mobile phone of deceased and a brick from an open place only to workout the case by the police. He has submitted that the applicant has criminal history of two cases of murder and has been acquitted in both the cases. Apart from the aforesaid two cases, he has criminal history of two more cases, one under the Arms Act and other under Section 392/411 IPC. The deceased was having criminal history of four cases and may have been killed by his enemies. It is a case of circumstantial evidence and at the most evidence of last seen. The applicant is in jail since 30.01.2025. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Vikas Kumar Tomar, involved in Case Crime No. 9 of 2025, under Sections- 103(1) and 238 B.N.S., Police Station- Babugarh, District- Hapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 19.8.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad