Court No. - 54 Case :- APPLICATION U/S 482 No. - 1147 of 2010 Petitioner :- Kuldeep And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Amit Daga Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer to issue a
suitable direction both the courts below to admit the applicant on bail and pass
fresh bail bond under subsequent added sections 308 and 326 IPC in Criminal
Case No.404/9/2009, arising out of Crime No.44 of 2009, pending in the court
of Additional Civil Judge (Jr.Div.)/Judicial Magistrate, I , Kairana, District-
Muzaffarnagar.
It is contented by the learned counsel for the applicant that applicant may be
released under sections 323, 324, 504 and 506 IPC subsequently on added
section 308 and 326 IPC. The applicant is ready to furnish fresh bail bond. In
support this argument learned AGA submits that remedy is available for
obtaining the bail. From perusal of record, it appears that for such remedy the
prayer for bail is refused.
However, considering the facts and circumstances of the case, it is directed
that applicant moves an application for appearance/surrender before the court
concerned within 20 days from today on which the court concerned shall fix
the date of surrender/appearance, in the meantime the court concerned shall
seek the instructions from the prosecution side. In case the applicant moves
the application for bail on the day of the appearance or surrender, the same
shall be considered and disposed of expeditiously on the same day by the
courts below in accordance with law.
For 15 days, NBW issued against the applicant shall be kept in abeyance.
With this direction, this application is finally disposed of.
Order Date :- 18.1.2010
PKC