Allahabad High Court
Shri Ram vs State Of U.P. And Another on 19 April, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 13836 of 2023 Applicant :- Shri Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Shri Santosh Tripathi, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the material brought on record.
3. The present application under Section 482 Cr.P.C. has been filed by the applicant Shri Ram with the prayer to direct the court below to release the applicant on bail on the same condition as imposed in the bail order dated 10.02.2022 passed by Sessions Judge, Saharanpur in newly added Section 3/7 of Essential Commodities Act, 1955 and 4 (a) of Explosive Substance Act, 1908 in Case No.421 of 2022 arising out of Case Crime No.413 of 2021, u/s 379, 427, 411, 120-B IPC and 15/16 of Petroleum and Minerals Pipe Line (Acquisition of Rights of User in Land) Act, 1962, 3/4 of Prevention of Damage to Public Property Act, 1984, 3/7 of Essential Commodities Act, 1955 and 4 (a) of Explosive Substance Act, 1908, P.S. Sarsawa, District Saharanpur pending in the court of Addl. Chief Judicial Magistrate Ist, Saharanpur.
4. Learned counsel for the applicant argued that the applicant is the accused in the aforesaid case. The applicant was granted bail vide order dated 10.02.2022 passed by Sessions Judge, Saharanpur in bail application no. 5287 of 2021 (Sri Ram Vs. State of U.P.) for offences under Sections 379, 411, 427, 120-B IPC, 3/4 Explosive Substance Act and 3/4 of Prevention of Damage to Public Property Act in Case Crime No.413 of 2021, Police Station Sarsawa, District Saharanpur, certified copy of the same is annexed as annexure no.3 to the affidavit. It is argued that subsequently charge sheet in the matter has been submitted apart from the other Sections under newly added Sections i.e. 3/7 of Essential Commodities Act, 1955 and 4 (a) of Explosive Substance Act, 1908. It is argued that in major Sections, the applicant has been granted bail vide order dated 10.2.2022. There is no change in circumstances by which new Sections have been added. It is argued that order granting bail to the applicant is a detailed order considering every aspect of the matter and there is no fresh and new development but Sections 3/7 of Essential Commodities Act, 1955 and 4 (a) of Explosive Substance Act, 1908 have been added. It is argued that the applicant be directed to be released on the same conditions as imposed in the order dated 10.2.2022.
5. Learned counsel for the state has been heard.
6. After having heard learned counsel for both the parties and perusing the records, it is evident that although the applicant is an accused in the case but he has been granted bail vide order dated 10.02.2022 passed by Sessions Judge, Saharanpur in bail application no. 5287 of 2021 (Sri Ram Vs. State of U.P.) for offences under Sections 379, 411, 427, 120-B IPC, 3/4 Explosive Substance Act and 3/4 of Prevention of Damage to Public Property Act in Case Crime No.413 of 2021, Police Station Sarsawa, District Saharanpur. Subsequently charge sheet has been submitted against the applicant on which cognizance has been taken on 10.3.2022 and in the said charge sheet Section 3/7 of Essential Commodities Act, 1955 and 4 (a) of Explosive Substance Act, 1908 have been added. Records do not show any change in the circumstances by which new Sections have been added. In the interest of justice it is provided that the applicant shall appear before the concerned trial court and shall file fresh bail bonds and sureties in the newly added Sections which may be accepted by the trial court on the same terms and conditions as enumerated in the order dated 10.02.2022.
7. The present application under Section 482 Cr.P.C. stands allowed.
(Samit Gopal, J.) Order Date :- 19.4.2023 Gaurav