Heard the learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under section 482 Cr.P.C. has been filed by the applicants Smt. Shakuntla alias Bhagwati and Umesh to quash the entire proceedings of Criminal Case No. 6669 of 2010 (Case crime no. 221 of 2010) State Vs. Prem Shankar and others, under section 498A, 302 IPC and section 3/4 of the Dowry Prohibition Act, P.S. Kotwali Nagar, District Bulandshahar pending in the court of Chief Judicial Magistrate Bulandshahar.
After hearing of the contentions raised by the learned counsel for the applicants on the grounds narrated in the application, I do not find any good ground for quashing the charge sheet for which the proceedings of the learned court should be stayed as sought by the learned counsel for the parties but looking into this fact that the applicants were enlarged on bail on 10th May, 2010 for the offence under sections 498A, 304B and 3/4 of the Dowry Prohibition Act, therefore, being the offence under section 304B IPC equally henious as is the offence under section 302 IPC, I do find it expedient to direct the learned courts below that there is no need for seeking the bail on the offence under section 302 IPC afresh. The only purpose of the bail and bail bonds is to ensure the presence of the accused in the court. Since in this matter for the offence under section 498A, 304B IPC and section 3/4 of the Dowry Prohibition Act the accused applicant are already on bail, the applicants should not be forced to file the fresh bail bonds or to seek bail for the offence under section 302 IPC. Therefore, this petition is disposed of with the aforesaid direction.
Order Date :- 22.6.2010 MTA