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Dharmendra & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 16914 of 2005 [2005] RD-AH 7150 (8 December 2005)


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  M. K. Mittal, J.

Heard Ms. Swati Agarwal, learned counsel for the applicants, learned A.G.A. and perused the record.

Application under Section 482    Cr.P. C. has been filed with the prayer that the learned Lower Court be directed to permit the applicant to file fresh bail bonds under Section 304, IPC in Case Crime No. 316 of 2005 under Sections 323, 325, 324, 504, 506 IPC, P.S. Kheta Sarain, District Jaunpur.

Learned counsel for the applicants has contended that the F.I.R. was lodged against the applicants on 1.9.2005 regarding the alleged incident which took place on 25.8.2005. The injured Beer Bahadur Singh subsequently died during the treatment and Section 304 IPC was added on 25.10.2005.

Learned counsel for the accused applicant has also cited a case of Sumer Chand and others Vs. State of U. P. and others 1999 (2) JIC 402. In that case accused applicant were already on bail but subsequently charge sheet was also filed under Section 304 B IPC and the learned Magistrate was directed to allow the applicants to continue on the bail on their furnishing a fresh bail  bonds under newly added section 304 B  IPC.

In the circumstances, the application under Section 482 Cr.P.C. is allowed and the concerned Magistrate is directed to allow the applicants to file fresh bail bonds under Section 304 IPC in above noted case Crime.

Dated: 8.12.2005



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