Hon'ble Rajesh Chandra, J.
The applicant has filed this application under section 482 of the Code of
Criminal Procedure for a direction to the court below to accept the personal
bail bond in added Sections 467,468 and 471 IPC without insisting upon the
applicant to surrender before the court in case crime no.439/09, under sections
406 and 420IPC, PS Panki, District Kanur Nager
The learned counsel for the applicant argued that in the aforesaid case the
applicant had filed an application for bail which has been allowed by another
Bench of this Court vide order dated 13.11.2009 in case crime no. 439/09/
under Sections 420, 406 IPC PS Panki, District Kanpur Nagar. Now the
Charge sheet has been submitted adding Sections 467,468 and 471 IPC
I have considered over the argument and also perused the papers. In the case
the material collected by the investigating officer is sufficient to make out
prima facie offence against the applicant under Sections 467,468 and 471 IPC
and since there is sufficient evidence against the accused applicant I do not
find any illegality or irregularity in the filing of the Charge sheet also for
offences under Sections 467,468 and 471 IPC. There is no illigality in the
order of the lower court by which the applicant has been summoned.
The application is therefore, dismissed.
However, the learned lower court is directed that after the applicant
surrenders in the court within three weeks from today his bail application
shall be disposed of in the light of the judgement passed by 7 judges Bench of
this court in Amarawati and another Vs. State of U.P., 2005 Cr.L.J. 755 as
approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P.
In Criminal Appeal No. 538 of 2009 Supreme Court dated 23.3.2009
Dt-18.1.2010
sm