Vijay Singh Tomar vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 49 of 2024, under Sections- 364-A IPC, Police Station- Rakabganj, District- Agra, during the pendency of the trial.

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Contention of learned counsel for the applicant is that as per the prosecution story, FIR was lodged against unknown persons regarding abduction of one Ram Asre and subsequently, Ram Asre was recovered from the custody of co-accused Pappu who also named the applicant as one of the conspirator involved in abduction of Ram Asre. The counsel for the applicant submitted that the applicant has been falsely implicated in the present case and recovery of abductee Ram Asre was made from the coaccused Pappu and admittedly, there is no transfer of any ransom amount. The only allegation is that the applicant and another co-accused tried to extract some amount from Ram Asre after abduction. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 30.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but

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could not dispute the aforesaid facts.

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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, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Vijay Singh Tomar, involved in the aforementioned 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, with the following conditions:-

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i. 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 or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the

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(Arun Kumar Singh Deshwal,J.)

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concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

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November 17, 2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Vijay Singh Tomar v. State of U.P.

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Vijay Singh Tomar v. State of U.P.

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