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Sagar & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. - 26887 of 2007 [2007] RD-AH 18102 (20 November 2007)

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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 308 IPC without compelling the applicants to surrender before the court or to apply for bail for the added offence u/s 308 IPC.

Applicant's counsel argued that one FIR was lodged by one Hira Lal and this FIR was registered as NCR. Later on this matter was investigated for the offence u/s 325,323,504 and 506 IpC and the applicants were released on bail after calling report from the concerned police station. At the time of surrender of accused a report was called and it was not reported by the police that offence u/s 308 IPC also made out. But afterwards in collusion with the complainant the police submitted chargesheet u/s 308 IpC also. Now there is apprehension that the Court can compel the applicants to surrender and move application for bail before the court. It is further argued that they have already released on bail and for added section they may be required only to furnish fresh bail bonds and personal bond.

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

I have considered the facts and circumstances of the case. I agree with the argument of the applicant's counsel. 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 308IPC 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 308 IPC in continuation of the earlier bail bonds filed by the order of the Court without pressurizing them to surrender in court for the added offence.




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