Court No. - 49
Case :- APPLICATION U/S 482 No. - 29808 of 2018
Applicant :- Nand Lal And 4 Ors
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. By means of present 482 Cr.P.C. application, the applicants have prayed for a direction to the court below to consider and accept the same bail bond or fresh bail bond in Case Crime No. 54 of 2018 in added Sections-
325 and 308 I.P.C., Police Station- Suriyawan, District- Bhadohi and dispose of the bail application of the applicants in newly added sections expeditiously, if possible on the same day.
4. Learned counsel for the applicants submits that earlier the applicants were granted bail by the competent court on 13.3.2018, under Sections- 147, 323, 504 and 506 I.P.C. passed in Case No. 54 of 2018. Thereafter a report has been submitted by the police, by which certain Sections, i.e., 325 and 308 I.P.C. have been added.
5. Learned counsel for the applicants submits that the FIR had been lodged alleging commission of offence under Sections 147, 323, 504 and 506 IPC only. Upon charge sheet had been submitted under Sections 325 and 308 IPC have been added though they are not fully supported by the medical evidence.
6. 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.
7. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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.
8. The factual assertion made by learned counsel for the applicants may also be taken note by the learned court below while considering the bail application.
9. With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.9.2018 Mini