Allahabad High Court
Kamal Kumar Shukla vs State Of U.P. And Others on 22 January, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 54 Case :- APPLICATION U/S 482 No. - 1521 of 2010 Petitioner :- Kamal Kumar Shukla Respondent :- State Of U.P. And Others Petitioner Counsel :- C.K. Jha,V.M.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A. This application has been filed by the applicant with a prayer that a suitable direction may be issued to the learned Magistrate concerned to accept the fresh bail bond under sections 467,468 I.P.C. and section 25 of the Arms Act in view of added section in case crime no. 197 of 2006 under sections 419,420,170 I.P.C. pending in the court of learned Chief Judicial Magistrate, Manjhanpur district Kaushambi.
It is contended by the learned counsel for the applicant that after considering the merits of the case the applicant has been released on bail under sections 419,420,170 I.P.C. He has not misused the liberty of bail. but on the same material section 467,468 I.P.C. and section 25 of the Arms Act, has also been added. The applicant is ready to furnish fresh bail bonds under the added section.
In reply to the above contention it is submitted by the learned A.G.A. that that due to added section, the nature of the offence has been changed. Therefore, such direction may not be issued to accept the fresh bail bonds. Considering the facts, circumstances of the case and submission made by the learned counsel for the applicant and the learned A.G.A., and from the perusal of the record it appears that by adding section 467,468 I.P.C. and section 25 of the Arms Act, the nature of the offence has been changed and the remedy of bail is available to the applicant, therefore, the prayer for issuing direction for accepting the fresh bail bonds under the added section is refused. However, it is directed that in case applicant appears before the court concerned within 30 days from today and apply for bail under section sections 467,468 I.P.C. and section 25 of the Arms Act, the same shall be considered and disposed of on the same day by the courts below.
With the above direction, this application is finally disposed of. Order Date :- 22.1.2010 N.A.