Heard learned counsel for the applicants and learned A.G.A. This application has been filed by the applicants with a prayer that a suitable direction may be issued to the learned Magistrate concerned to accept the fresh bail bond under section 3(1)10 S.C./S.T. Act in view of added section in case no. 691 of 2007 under sections 147,323,504 I.P.C. pending in the court of learned Additional Chief Judicial Magistrate-III, Basti. It is contended by the learned counsel for the applicant that after considering the merits of the case the applicant has been released on bail under sections 3(1)10 S.C./S.T. Act. He has not misused the liberty of bail. but on the same material section 3(1)10 S.C./S.T. Act, has also been added. The applicant is ready to furnish fresh bail bonds under the added section. In reply to the above contention it is submitted by the learned A.G.A. that that due to added section, the nature of the offence has been changed. Therefore, such direction may not be issued to accept the fresh bail bonds. Considering the facts, circumstances of the case and submission made by the learned counsel for the applicant and the learned A.G.A., and from the perusal of the record it appears that by adding section 3(1)10 S.C./S.T. Act, the nature of the offence has been changed and the remedy of bail is available to the applicant, therefore, the prayer for issuing direction for accepting the fresh bail bonds under the added section is refused.
However, it is directed that in case applicant appears before the court concerned within 30 days from today and apply for bail under section section 3(1)10 S.C./S.T. Act, the same shall be considered and disposed of on the same day by the courts below.
With the above direction, this application is finally disposed of. Order Date :- 3.2.2010 N.A.