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Neutral Citation No. - 2025:AHC:37390 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3061 of 2025 Applicant :- Himanshu Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Pt. S.P. Sharma Hon'ble Deepak Verma,J.
1. Heard Sri Ashish Kumar Singh, learned counsel for the applicant, Pt.S.P.Sharma, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant Himanshu Tomar with a prayer to release him on bail in Case Crime No.256 of 2024, under Sections 420, 323, 504, 506, 386, 406 I.P.C., P.S. Chirgaon, District Jhansi during pendency of the trial.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Allegation in the FIR against the applicant is that the applicant, who was posted as PSR in Merico Ltd. Company, introduced various deals to the informant and supplied the products to them but has not received payment. It is a civil nature dispute. Allegation alleged in the FIR is false and baseless. Applicant has one case of criminal history, which has been explained in the affidavit of bail application. The applicant is languishing in jail since 07.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.
4. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant. Learned counsel for the informant submitted that the applicant has committed fraud with the informant and he has not received money from the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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.
6. Let the applicant, Himanshu Tomar, who is involved in the aforesaid case crime, 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 prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad