BANAJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. By means of this petition under Scetion 482, Cr. P. C. the applicant has requested for permission to file fresh bail bonds in case No. 169 of 1999, State v. Banajeet under Section 304-A I. P. C. now converted under Section 302, I. P. C, PS. Akbarpur district Kanpur Dehat.

(2.) I have heard Sri S. R. Verma, learned counsel for the applicant and the learned A. G. A.

(3.) THE above leading case on the point and was followed the case of Junaid Alam v. State of U. R, 1995 (32) ACC 624, where the accused, who were granted bail for offence under Sections 323, 324, 504 and 506 I. P. C. were permitted to file fresh bail bonds for change of offence under Section 307 I. P. C. as they did not misuse the bail. Similar view was also taken in the case of Daddan Singh v. State of U. R, 1994 UP Cr R 332. In this case, the bail was granted for offence under Sections 323, 452, 504, 506 I. P. C. triable by the Magistrate on conversion of case under Section 308 I. P. C, the applicants were per mitted to file fresh bail bonds. In the case of Radhey Shyam. State of U. R, 1991 (28) ACC 652; 1991 JIC 583 (All), the accused were granted bail for offence under Section 324 I. P. C. and were permitted to file fresh bail bonds after the conversion of case under Section 307 I. P. C. In Sumer Chand v. State of U. P,1999 (2) JIC 402. It was observed that if the accused is granted bail on the same facts, they need not to surrender before the Court and apply for fresh bail in the newly added sections and the furnishing of fresh bail bonds is just and proper.