Smt. Bhagwati Devi @ Nirmla And Anr vs State Of U.P. And Another
2019 Latest Caselaw 6339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 29608 of 2019
 

 
Applicant :- Smt. Bhagwati Devi @ Nirmla And Anr
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Manvendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajul Bhargava,J.

Heard learned counsel for the applicants as well as learned learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed with the prayer to direct the court below to permit the applicants to remain on bail by furnishing the fresh bail bonds in Session Trial No. 181 of 2016 (State v. Ramesh Prasad Shukla and others), arising out of Case Crime No.136 of 2015, under Sections 323/34, 302/34, 504 I.P.C., P.S. Gazipur, District Fatehpur, pending in the Court of Ist Additional Sessions Judge, Fatehpur.

Submission of the learned counsel for the applicants is that the applicants are ladies and initially the F.I.R. was lodged under Section 302 I.P.C., however, during investigation charge-sheet was submitted against the applicants under Sections 323, 504, 306 I.P.C. in which they were granted bail on 31.8.2015 and 1.10.2015 respectively. It is stated that during trial the court on the basis of evidence collected during trial framed charges under Section 302 I.P.C. vide order dated 13.1.2017. The said order was challenged by the applicants and other accused in Criminal Misc. Application (U/s 482 Cr.P.C.) No.5025 of 2017 and the Court after perusing the order whereby charge under Section 302 I.P.C. was framed was of the opinion that there was no illegality or infirmity in the order impugned which may warrant any interference by the Court. Accordingly, the prayer for quashing the order impugned framing the charges was refused vide order dated 15.2.2017.

Leaned counsel for the applicants has submitted that the present application has been filed with the prayer that the applicants are already on bail under Sections 323, 504, 306 I.P.C., therefore, they may be permitted to file fresh bonds for the offence under Section 302/34 I.P.C.

First of all, I may record that the applicants have not come up with clean hands and after rejection of their application under Section 482 Cr.P.C. on 15.2.2017, they appears to have remained absconding. Now, they have filed another application with the prayer to file fresh bail application for the offence under Section 302/34 I.P.C. which is a much graver offence and, therefore, no such prayer can be granted. Though, the applicants are ladies, however, there is no exception made under the law for a heinous offence under Section 302 I.P.C.

The present application under Section 482 Cr.P.C. is wholly misconceived and the same is, accordingly, dismissed.

Order Date :- 1.8.2019

Vikas