Court No. - 71
Case :- APPLICATION U/S 482 No. - 1993 of 2019
Applicant :- Jaiveer And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned chargesheet dated 24.07.2018 and impugned cognizance order dated 20.08.2018 as well as entire proceedings of Criminal Case No. 4149/9 of 2018 (State Vs. Jaiveer and others) arising out of Case Crime No. 492 of 2018, under Sections 147, 352, 323, 504, 506, 307 I.P.C. P.S. Nai Mandi, District Muzaffarnagar pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar.
It is submitted by learned counsel for applicants that applicants are approached this Court for direction to accept his bail bond in added Section 307 I.P.C. and enlarge him on bail since they have already been enlarged on bail in earlier Sections 147, 352, 324, 323, 504 and 506 I.P.C.
The prayer is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appears and surrenders before the court below within 30 days from today and applies for bail under the added Section, 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 :- 22.1.2019 Shubhankar