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Gullu vs State Of U P And Another

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 73
Case :- APPLICATION U/S 482 No. - 6290 of 2019 Applicant :- Gullu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of present 482 Cr.P.C. application, the applicant has prayed for a direction to the court below to consider and accept the same bail bond or fresh bail bond in Case Crime No. 483 of 2018 in added Sections- 354-A I.P.C. and 7/8 POCSO Act, Police Station- Amroha Nagar, District- Amroha and dispose of the bail application of the applicant in newly added sections expeditiously, if possible on the same day.
Learned counsel for the applicant submits that earlier the applicant was granted bail by the competent court on 05.09.2018 under Sections- 294, 504, 384, 364- A, 511 and 506 I.P.C. passed in Case Crime No. 483 of 2018. Thereafter a report has been submitted by the Investigating Officer by which certain Sections, i.e., 354-A I.P.C. and 7/8 POCSO Act have been added. He further submitted that in the light of judgment of Apex Court in the case of Manoj Suresh Jadhav & others vs. State of Maharashtra 2018 LawSuit(SC) 773 decided on 07 May 2018, applicant is also entitled for bail in newly added sections.
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 and considering the judgment relied upon by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders 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 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 :- 21.2.2019 Sartaj
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Gullu vs State Of U P And Another


High Court Of Judicature at Allahabad

21 February, 2019
  • Neeraj Tiwari
  • Dhirendra Kumar Srivastava Rajiv Sisodia