Ram Dhan And Another vs State Of U.P. And Another
2015 Latest Caselaw 2665 ALL

Citation : 2015 Latest Caselaw 2665 ALL
Judgement Date : 24 September, 2015

Allahabad High Court

Ram Dhan And Another vs State Of U.P. And Another on 24 September, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28908 of 2015
 
Applicant :- Ram Dhan And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Jagdish Prasad Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Jagdish Prasad Mishra, learned counsel for the applicants, and Sri Nitin Srivastava, 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 court below to accept the fresh bail bond and release the applicants in added Sections 376 of 511 IPC in charge sheet No. 229 of 2013 and cognizance order dated 18.12.2013 in case no. 1206/9 of 2013 (Ramdhan Vs. State of U.P.), under Sections 376, 511, 504 IPC and 3(1)11 SC/ST Act, Police Station Thana Bhawan, District Shamli, arising out of Case Crime No. 275 of 2013.

Learned counsel for the applicants submits that earlier the applicants were granted bail by the competent court.. Thereafter a report has been submitted by the police, by which certain Sections, i.e.,376 and 511 IPC. have 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 three weeks from today and apply for bail, their prayer for bail shall be considered and decided, expeditiously, in accordance with law.

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 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 :- 24.9.2015/VKG