Court No. - 52
Case :- APPLICATION U/S 482 No. - 9558 of 2018 Applicant :- Anwar Ali And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shahabuddin, learned counsel for the applicants and learned A.G.A. for the State and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed with the prayer to permit the applicants to remain on previous bail bonds in added Section 326 I.P.C. in Case Crime No.134 of 2017 under Sections 147, 148, 149, 504, 323, 452, 307, 506 and 326 I.P.C., P.S. Bhot, District Rampur.
It is contended by learned counsel for the applicants that the applicants were granted bail by the court below considering the nature of injuries of the injured for the offences punishable under Sections 147, 148, 149, 504, 323, 452, 307, 506 I.P.C. by detailed orders dated 8.6.2017 and 19.7.2017. After investigation the Investigating Officer submitted charge sheet against the applicants in added Section 326 I.P.C. also.
Learned counsel for the applicants has contended that offence under added section is not graver inasmuch as the applicants have already been enlarged for the offence under Section 307 I.P.C. which, too, is punishable upto life imprisonment. Therefore, no useful purpose would be served if the applicants are taken in custody. In view of aforesaid, trial court may be directed to accept fresh bonds in the added section.
In my considered opinion, the prayer appears to be reasonable and within legal ambit.
In view of above, the concerned court is directed to accept fresh bail bonds of the applicants in added Section 326 I.P.C. without taking them into custody.
With the aforesaid directions, this application is finally disposed of accordingly.
Order Date :- 23.3.2018 MN/-