Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32195 of 2013 Applicant :- Hari Mohan Kausik Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Vashisth,Prateek Tyagi Counsel for Opposite Party :- Govt.Advocate
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicants for enlarging them on bail in Case Crime No. 984 of 2012, under Sections 302, 307 I.P.C., Police Station Kavi Nagar, District Ghaziabad.
3. It is stated in the affidavit of accompanying bail application that there was no specific role assigned to applicant and nothing has been recovered from possession or pointing out of applicant. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 14.08.2012 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Hari Mohan Kausik, involved in Case Crime No. 984 of 2012, under Sections 302, 307 I.P.C., Police Station Kavi Nagar, District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of reach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case this order shall not have any legal consequence and this application shall be deemed to have been rejected.
Order Date :- 28.1.2019 AK