Court No. - 54 Case :- APPLICATION U/S 482 No. - 2349 of 2010 Petitioner :- Ramesh Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Arun Kr. Singh 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 under section 326 I.P.C. in view of added
section in case crime no. 279A of 2009 under sections 323, 324, 504,
pending in the court of learned Judicial Magistrate, I, Kanpur Dehat.
It is contended by the learned counsel for the applicants the applicants
have been released on bail under sections 323, 324, 504 but on the same
material, section 326 has also been added, the applicants have not
misuse the liberty of bail. The applicants are ready to furnish fresh bail
bonds under the added section.
In reply to the above contention it is submitted by the learned A.G.A.
that remedy of bail is available to the applicants. Therefore, such
direction may not be issued to accept the fresh bail bonds.
Considering the facts, circumstances of the case and 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 by adding section 326, the
remedy of bail to the applicants is available, therefore, the prayer for
issuing direction for accepting the fresh bail bonds under the added
section 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 section
section 326 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 :- 28.1.2010