Sandeep vs State Of U.P. And Another
2016 Latest Caselaw 4858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 22237 of 2016
 
Applicant :- Sandeep
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Raj Singh,Nitin Raj Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the parties and perused the record.

This application has been moved under section 482 Cr.P.C for permitting the petitioner to remain on same bail bonds, filed before A.C.J.M. Khurja in Case Crime No. 247 of 2016 - (State Vs. Vipin & others) under Sections 147, 354-A, 323 I.P.C, Police Station - Khurja Dehat, District - Bulandshahr.

It is submitted by learned counsel for the applicant that F.I.R was lodged under Sections 147, 354-A and 323 I.P.C, and applicant was granted bail by the Court of A.C.J.M. Khurja, in those Sections. Now during the investigation Section 8 of POCSO Act has been added and on that basis it requested that applicant may be allowed to remain on the same bail in the added sections or may be ordered to file fresh bonds.

During the investigation if any Section has been added then applicant is bound to get the bail in that Section also and one can't be allowed to remain on same bonds or fresh bonds without consideration upon merits, though court can consider that fact and due weightage can be given.

After considering the submissions made by applicant counsel, it is ordered that in case within fifteen days from today the applicant appears before the court concerned either personally or through counsel and moves an application for bail in the added Sections, the same may be disposed of after giving an opportunity of being heard to the parties and such application will be decided as per law prescribed. Till the disposal of such application no coercive action will be taken against the applicant by the court below. Accordingly petition is disposed off.

Order Date :- 03.08.2016.

Vinod.