mohit @guddu v. state of up and another
Case brief
What is this about?
Application under Section 482 CrPC by a bail recipient seeking direction to accept fresh bail for additional charges added during investigation. Court declined to interfere but permitted fresh bail application if applicant appears.
What did the court decide?
Directed lower court to allow fresh bail bond if applicant appears and applies for it.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- APPLICATION U/S 482 No. - 13565 of 2018
Applicant :- Mohit @Guddu Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Kumar Rai,Saurabh Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
By the instant application, applicant seeks a direction to the court below to accept the fresh or earlier bail bond filed in Case Crime No. 278 of 2017, under Sections 363, 323, 376, 506 IPC and 3/4 POCSO Act, P.S. Bhawanpur, District Meerut and applicant be remain on bail in added Sections 420, 468, 471, 467 IPC, in pursuance of the charge sheet dated 4.12.2017 submitted by the Investigating Officer.
Learned counsel for the applicant submits that initially FIR was registered under Sections 363, 323, 376, 506 IPC and 3/4 POCSO Act. Thereafter the applicant has got himself bailed out by the competent court in the said offences. However, during the course of investigation, Sections 420, 468, 471, 467 IPC have been added and charge sheet has been filed.
After having examined the submissions advanced by learned counsel for the parties and perused the record, I am not inclined to interfere in the matter.
However, it is directed that in case, the applicant appears and surrenders before the court below and applies for bail in additional sections, the court below shall allow the applicant to furnish fresh bail bonds for the said offences.
Issues for consideration
1 issue framed by the court
Whether the High Court should direct the lower court to accept a fresh bail bond for offences added after the original bail was granted.
Parties & counsel
- applicant
Mohit @Guddu
- respondent
State Of Up
Coram
Suneet Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/13565/2018
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