Dismissed

Mohammad Umar v. State of U.P. and Anr.

Allahabad HC12 Oct 2018A482/34125/2018

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking direction to accept fresh bail bonds for newly added IPC sections 467 and 468, finding no justifiable ground due to the applicant's alleged knowledge of the charges during the initial bail process.

What did the court decide?

Application dismissed; bail to be attended to within 30 days with a stay on coercive steps for 30 days.

Mohammad Umar Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 46

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Case :- APPLICATION U/S 482 No. - 34125 of 2018

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Applicant :- Mohammad Umar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Naheed Ara Moonis,J.

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Heard learned counsel for the applicant and the learned AGA and have taken through the record.

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By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to direct the court below to accept the fresh bail bond in connection with newly added section 467 and 468 IPC arising out of Case Crime No. 177 C/2013 under sections 420/468/471/504 & 506 IPC Police Station Qutubsher District Saharanpur.

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It is submitted by the learned counsel for the applicant that the applicant was already released on bail by the court below vide order dated 20.3.2014 in respect of offence punishable under sections 420/198/471/504/506 IPC . Thereafter the investigating officer has submitted the charge sheet inclusive of section 467/468 IPC hence the court below may be directed to accept fresh bail bond in the newly added sections.

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Per contra learned AGA contended that the applicant has not come up with clean hands. The charge sheet was already in existence when the bail application was moved by him before the court below. It is inconceivable that the applicant was not aware about the filing of the charge sheet adding sections 467/468 IPC.

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From the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that the applicant was not aware about the submission of charge sheet including offence under sections 467/468 IPC on 26.2.2014 whereas the bail application was moved on behalf of the applicant only under sections 420/198/471/504 & 506 IPC this Court does not find any justifiable ground to direct the court below to accept the fresh bail bond in connection with section 467 and 468 IPC arising out of Case Crime No. 177 C/2013 under sections 420/468/471/504 & 506 IPC Police Station Qutubsher District Saharanpur in exercise of its inherent powers conferred under

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section 482 Cr.P.C. . The application is bereft of merits and is accordingly dismissed.

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However, considering the facts and the circumstances of the case , it is directed that in case applicant appears before the court concerned in the aforesaid case within 30 days and applies for bail, the same shall be heard and disposed of in accordance with law.

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For a period of thirty days only, no coercive steps shall be taken against the applicant in the aforesaid case.

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Order Date :- 12.10.2018

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Naim

Mohammad Umar v. State of U.P. and Anr.

Case brief

What is this about?

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Mohammad Umar v. State of U.P. and Anr.

Case brief

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