Mota And 2 Others vs State Of U.P.
2014 Latest Caselaw 2401 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 21762 of 2014
 

 
Applicant :- Mota And 2 Others
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Vipin Sinha,J. 

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for a direction to the court below for accepting fresh bail bonds in added section 307 IPC without sending the applicant in jail as the applicant has already been granted bail in case crime no. 306 of 2014, U/s 324, 336, 506 IPC, P.S. Baraut District Baghpat.

The contention of the counsel for the applicants is that no offence under section 307 IPC against the applicants is made out and the same has been added with a malafide intention for the purposes of harassment.

The prayer, as made above, is refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for fresh bail for the added section in the same case, 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. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 1.7.2014

Kuldeep/