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Chhotey & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. - 26869 of 2007 [2007] RD-AH 18065 (20 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Shiv Charan J.

Heard learned counsel for the applicants, learned AGA for the State and perused the facts of the case.

This application has been moved u/s 482 Cr.P.C. with the prayer that a direction may be given to the Magistrate concerned to accept fresh bail bonds for the added Section 325 IPC and Section 3(1)(X) SC/ST Act without compelling the applicants to surrender before the court or to apply for bail.

Applicant's counsel argued that earlier the applicants were granted bail by the concerned Magistrate in case Crime No.56/03 u/s 323,504 and 506 IPC P.S. Chandpur District Fatehpur. But during investigation I.O submitted a charge sheet for the offence u/s 325 IPC and Section 3(1)(X)SC/ST Act also. That in the added section there is apprehension that the court concerned may pressurize the applicant to surrender in the court and then sent them to jail. But the applicants were granted bail for the offence u/s 323,504 and 506 IPC and now in the added section Court cannot compel the applicants to surrender and move the application for bail. It is further stated that Court can require the applicants to furnish the bail bonds and personal bonds.

Learned AGA opposed the argument of learned counsel for the applicants.

I have considered the facts and circumstances of the case. I think it will be just and proper to direct the concerned Magistrate to require the applicants in the circumstances of the case to furnish fresh personal bond and bail bond of the like amount for the offence u/s 325 IPC and Section 3(1)(X) SC/ST Act instead of compel them to surrender in the court and send them in jail as they had already been granted bail for other offences . Hence the application u/s 482 Cr.P.C. deserves to be disposed of at this stage.

The application u/s 482 Cr.P.C. is disposed of at this stage and the concerned Magistrate is directed to require the applicants to furnish the fresh bail bonds and personal bond for the offence u/s 325 IPC and section 3(1)(X) SC/ST Act also in continuation of the earlier bail bonds filed by the order of the Court.




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