Court No. - 53
Case :- APPLICATION U/S 482 No. - 19619 of 2018 Applicant :- Ashafaq Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri MPS Gaur, learned AGA alongwith Sri Avaneesh Shukla appearing for the State.
This application has been filed under Section 482 CrPC seeking a direction to the Trial Court to take fresh bail bonds in the newly added section in Case Crime No.24 of 2013, under Section 308 IPC PS Naugawan Sadat, District JP Nagar where the applicant is already bailed out in relation to the Sections 323, 325, 504, 506 IPC.
Learned AGA has opposed the motion to admit this application to hearing and submits that looking to the law no direction to file fresh bail bond in added section can be issued.
Under the circumstances prayer to file fresh bail bonds in the newly added section being Section 308 IPC is refused.
However, considering the aforesaid facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 Shahroz