Court No. - 52
Case :- APPLICATION U/S 482 No. - 6296 of 2018 Applicant :- Shiv Ram Singh @ Shiv Narain And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceeding in Case No.4995 of 2017 (State Versus Shiv Ram Singh @ Shiv Narain Singh and others), charge sheet dated 12.11.2017 arising out of Case Crime No.0587 of 2017 under Sections 147, 323, 504, 506, 452, 427, 354B and 325 I.P.C., P.S. Kotwali Dehat, District Mirzapur, pending in the court of learned Ist Additional Chief Judicial Magistrate, Mirzapur.
Learned counsel for the applicants submits that applicants was granted bail under Sections 147, 323, 504, 506, 452, 427, 354D IPC, however, after investigation Investigation Officer has submitted the charge-sheet under Section 325 and 354B IPC, therefore, a direction given to the court concerned to accept the fresh bail bonds in the added sections.
It is contended by learned counsel for the applicants that charge sheet was submitted against the applicants and other accused under Sections 147, 323, 504, 506, 452, 427, 354B and 325.I.P.C. and the applicant was granted bail. During trial an application was moved by the prosecution with the averment that the applicant may be tried under Sections 325 and 354B I.P.C. also. The trial court after taking into account evidence on record passed impugned order dated 13.12.2017. He has further submitted that there is no prima facie evidence to frame charge under Section 325 and 354B I.P.C. against the applicant. Therefore, the trial court may be directed to accept fresh bail bonds in the added Sections 325 and 354B I.P.C.
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, it is provided that if the applicant appears and surrenders before the court below within 60 days from today and applies for bail,her prayer for bail may be considered and decided on same day 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. For a period of 60 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against her.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2018 AK Pandey