HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 28898 of 2015 Applicant :- Hanuman Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Rajeev Kumar Singh, learned counsel for the applicants, and Sri Ripusudan Yadav, learned A.G.A. appearing for the State, and perused the record.
By means of present 482 Cr.P.C. application, the applicants have prayed for direction to the trial court/Magistrate concern to accept the fresh bail bond from the applicants in added Section 325 and 308 IPC, in Case Crime No. 299 of 2015, Police Station Sahajanawa, District Gorakhpur and allow him on bail earlier granted by the court below on 07.09.2015 and 09.09.2015 in Sections 323, 504, 506 IPC.
Learned counsel for the applicants submits that earlier the applicants were granted bail by the competent court on 07.09.2015 and 09.09.2015 under Sections 323, 504, 506, I.P.C. Thereafter a report has been submitted by the police in the aforesaid case, by which certain Sections, i.e., 325 and 308 I.P.C. has been added.
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 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.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.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants 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 :- 24.9.2015/VKG