Court No. - 49
Case :- APPLICATION U/S 482 No. - 32170 of 2018 Applicant :- Mukesh Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. 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. 188 of 2017 in added Section 325 I.P.C., Police Station Nawabad, District Jhansi and dispose of the bail application of the applicant in newly added sections expeditiously, if possible on the same day.
3. Learned counsel for the applicant submits that earlier the applicant was granted bail by the competent court on 31.05.2017 under Sections 147, 354B, 323, 504, 506 I.P.C., and 3(1)r, 3(1)s, 3(2)(Va) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, passed in Case Crime No. 188 of 2017. Thereafter a report has been submitted by the police on 12.05.2017 by which Section 325 I.P.C. has been added.
4. 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.
5. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days and no more, 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.
6. With the aforesaid directions, this application is finally disposed of.
Order Date :- 19.9.2018 Prakhar