Court No. - 12
Case :- APPLICATION U/S 482 No. - 42178 of 2018
Applicant :- Smt. Afsha Khan
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Vakalatnama filed today by Sri Devendra Saini, Advocate on behalf of opposite party no. 2 be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Devendra Saini, learned counsel for opposite party no. 2.
By means of present 482 Cr.P.C. application, the applicants have prayed for a direction to the court below to consider and accept the same bail bond or fresh bail bond in Case Crime No. 32 of 2017 in added Section- 328 I.P.C., Police Station- Mahila Thana, District- Saharanpur, and dispose of the bail application of the applicant in newly added section expeditiously, if possible on the same day.
Learned counsel for the applicant submits that earlier the applicant was granted bail by the competent court on 9.1.2018 under Sections- 498A, 323 I.P.C and 3/4 D.P. Act. passed in Case Crime No. 32 of 2017. Thereafter a report has been submitted by the Investigating Officer by which certain Section, i.e., 328 I.P.C. has been added.
Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Prahlad Singh Bhati vs. N.C.T., Delhi & another reported in 2001 (4) SCC 280, the prayer made in the present 482 Cr.P.C. application cannot be granted. Hence the same is hereby refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicant.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 30.11.2018 Sartaj