Court No. - 43 Case :- APPLICATION U/S 482 No. - 25418 of 2010 Petitioner :- Itwari And Others Respondent :- State Of U.P. Petitioner Counsel :- Devendra Mohan Singh,R.S.Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants with a prayer that a suitable
direction may be issued to the learned Magistrate concerned to accept the
fresh bail bond in Case Crime No. 150 of 2010 under the added sections 308
and 325 I.P.C., Police Station Usawa, District Budaun.
It is contended by the learned counsel for the applicants that the applicants
have been released on bail under sections 452, 336, 323, 504 I.P.C.but
subsequently, sections 308 and 325 I.P.C. have been added, he has not
misused the liberty of bail, he is ready to furnish fresh bail bonds under the
added sections.
In reply to the above contention it is submitted by the learned A.G.A. that
remedy of obtaining bail is available to the applicants under the added
sections.
Considering the submission made by the learned counsel for the applicants
and the learned A.G.A.and from the perusal of the record it appears that in
the present case, the applicants have been released on bail under sections 452,
336, 323, 504 I.P.C., the remedy of bail is available to the applicant for the
added sections, therefore the prayer for issuing direction for accepting the
fresh bail bonds under the added sections is refused.
However, it is directed that in case applicants appear before the court
concerned within 30 days from today and apply for bail under the added
sections 308 and 325 I.P.C, the same shall be heard and disposed of on the
same day by the courts below.
With the above direction, this application is finally disposed of.
Order Date :- 13.8.2010
Su