Held that the applicant's request to accept a fresh bail bond in POCSO sections was refused. However, the applicant was directed to surrender within 30 days for a bail hearing to be decided expeditiously based on relevant precedents.
Prayer refused; applicant directed to surrender within 30 days for bail consideration.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 19944 of 2018
Applicant :- Gulab Singh @Nitin Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of present 482 Cr.P.C. application, the applicant has prayed for a direction to the court below to consider and accept the same bail bond or fresh bail bond in Case Crime No. 291 of 2015 in added Section 7/8 POCSO Act, Police Station- Kankerkheda, District- Meerut and dispose of the bail application of the applicant in newly added sections expeditiously, if possible on the same day.
Learned counsel for the applicant submits that earlier the applicant was granted bail by the competent court on 19.05.2015 under Section 363 I.P.C. passed in Case Crime No. 291 of 2015. Thereafter a report has been submitted by the police by which Section, i.e., 7/8 POCSO Act has been added.
Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Prahlad Singh Bhati vs. N.C.T., Delhi & another reported in 2001 (4) SCC 280 , the prayer made in the present 482 Cr.P.C. application cannot be granted. Hence the same is hereby refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days and no more, from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of .
Order Date :- 4.7.2018 Abhilash
3 issues framed by the court
Whether to accept the fresh bail bond or direct the lower court to consider bail in newly added POCSO sections.
Whether to grant bail immediately or impose conditions regarding surrender and expedited hearing.
How to balance procedural requests with substantive legal limits on bail under S. 482 Cr.P.C.
Colour shows how this judgement treated each authority
Prahlad Singh Bhati vs. N.C.T., Delhi & anotherReferred¶8
2001 (4) SCC 280 · Who else cites this
Amrawati and another Vs. State of U.P.Referred¶9
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Gulab Singh @ Nitin
State Of Up
Another
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
