Court No. - 12
Case :- APPLICATION U/S 482 No. - 42261 of 2018
Applicant :- Chhunna Shukla @ Dinesh Shukla @ Putan And Another
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
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. 781 of 2017 in added Section- 308 I.P.C., Police Station- Rasoolabad, District- Kanpur Dehat and dispose of the bail application of the applicants in newly added sections expeditiously, if possible on the same day.
Learned counsel for the applicants submits that earlier the applicants were granted bail by the competent court on 20.12.2017 under Sections- 323, 504, 506 I.P.C. passed in Case Crime No. 781 of 2017. Thereafter a report has been submitted by the Investigating Officer by which certain Section, i.e., 308 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 applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 30.11.2018 Arvind