The Court disposed of an application under Section 482 Cr.P.C. directed the lower court to release the applicant in regarding added charges based on the previous bail bond, noting the lack of independent witnesses at the recovery location.
Released the applicant in the remaining sections based on the earlier bail bond.
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Neutral Citation No. - 2025:AHC:2437
Court No. - 75
Case :- APPLICATION U/S 482 No. - 39119 of 2024 Applicant :- Shambhu Lal Alias Bhola Lodh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Hridesh Bhartiya, Advocate holding brief of Shri Vishesh Kumar, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State and perused the record.
Present application under Section 482 Cr.P.C. has been filed with a prayer to issue a direction to release the applicant in remaining Sections for the offence punishable under Sections 467, 468, 471, 419, 420, I.P.C. of Case Crime No. 208 of 2018 (State Vs. Ajay Singh and others) Police Station, Paschim Sarira, District Kaushambi, pending in the court of Civil Judge (Senior Division)/F.T.C., Kaushambi.
Learned counsel for the applicant submits that the impugned first information report has been lodged under Sections 41, 411, 413, I.P.C. in which the applicant has been granted bail by the Sessions Judge, Kaushambi on 11.1.2019, but the charge sheet has been submitted in adding Sections for the offence punishable under Sections 467, 468, 471, 419, 420, I.P.C. It is a case of recovery of motorcycles, one country made pistol and one cartridge on the basis of information received from the police informer. It is further submitted that there is no independent/public witness of the locality of the recovery place.
In view of above facts and circumstances, the concerned Magistrate/court is directed to release the applicant in adding Sections for the offence punishable under Sections 467, 468, 471, 419, 420, I.P.C. on the basis of earlier bail bond, if any furnished earlier.
Application under Section 482 Cr.P.C. is disposed of with above observations.
Order Date :- 6.1.2025/T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether applicant should be released on bail in added sections of the offence.
1 provisions across 1 enactments
Shambhu Lal Alias Bhola Lodh
State of U.P.
Another
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
