Court No. - 70
Case :- APPLICATION U/S 482 No. - 16536 of 2019
Applicant :- Dinesh Thakur
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials available on record.
By means of present application under Section 482 Cr.P.C., the applicant has prayed for a direction to the courts below to consider and accept the fresh bail bond in Special Case No. 997 of 2018 arising out of Case Crime No. 65 of 2018 in added Section 7/8 POCSO Act, police station Bah, District Agra 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 submitted that earlier the applicant was granted bail by the Special Judge (SC/ST) Act, Agra vide order dated 15.2.2018 under Sections 323, 504, 506, 354 IPC and Section 3(1)Da, 3(1)Gha and 3(2)V SC/ST Act and Section 66 Information Technology Act in Case No. 924 of 2018. Thereafter, report has been submitted by the police on 27.3.2018, by which Section 7/8 POCSO Act has also 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, it is directed that in case the applicant appears and surrender before the court below within 30 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 Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P.; 2009 (3) ADJ 322 (SC).
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.4.2019 Sumaira