Application for seeking bail in added Section 308 IPC was disposed of by instructing the trial court to decide the matter favorably upon applicant's appearance within fifteen days.
Direction to the trial court to dispose of the bail application in added Section 308 IPC favorably if applicants appear within fifteen days.
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Court No. - 50
Case :- APPLICATION U/S 482 No. - 10414 of 2022
Applicant :- Smt. Sunderwati And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.,Rajneesh Pratap Singh
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Kartikey Singh, learned counsel for the petitioner and Sri Rajneesh Pratap Singh, learned counsel for the opposite party no. 2.
Learned counsel for the applicant has submitted that previously the applicants were on bail under Section 147, 352, 324 I.P.C. but later on Section 308 I.P.C. has also been added by the investigating officer, hence, prayer is made to instruct the trial court to grant them bail in the aforesaid Section in the light of the law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No. 5191 of 2021, Satender Kumar Antil vs. Central Bureau of Investigation & another .
Learned counsel for the opposite party no. 2 has not opposed this prayer. He has only submitted that on the basis of supplementary medical report, Section 308 I.P.C. has been added to the charge-sheet.
Looking into the innocuous prayer of the applicants, the present application is disposed of with the direction to the trial court that if the applicants appear before the trial court within fifteen days from today and move the application for bail in the added Section, their application be disposed of in the light of the law laid down in Petition for Special Leave to Appeal (Cri) No. 5191 of 2021, Satender Kumar Antil vs. Central Bureau of Investigation & another .
Order Date :- 11.5.2022 nd
Digitally signed by NISITH DEY Date: 2022.05.12 14:15:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted by the trial court in the newly added Section 308 IPC.
How the trial court should dispose of the bail application in the added section in light of Apex Court law.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation & anotherReferred¶6
Petition for Special Leave to Appeal (Cri) No. 5191 of 2021, Satender Kumar Antil vs. Central Bureau of Investigation & another
Smt. Sunderwati And 4 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
