Subhash Kasana v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46346 of 2023 Applicant :- Subhash Kasana Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2It is argued that the applicant was enlarged on bail by the trial court, vide order dated 23.12.2021 in respect of offence under Sections 147, 148, 323 and 352 I.P.C. and the applicant never misused the liberty of bail. However, later on section 308 I.P.C. was also added against the applicant, for which the present application has been filed. It is further submitted that applicant has no criminal antecedent except the present one and he is in jail since 6.10.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that applicant was earlier enlarged on bail and he never misused the liberty of bail, hence the applicant is entitled to be enlarged on bail. The sureties furnished by the applicant shall continue in this case also. In view thereof, the application is allowed.

¶5Let the applicant Subhash Kasana be released on bail in FIR No. 1255 of 2015, under Section 308 IPC, P.S. Nandgram, District Ghaziabad, on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 2.11.2023 Faridul High Court of Judicature at Allahabad