DEVI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) KHEM Karan, J. Heard SriAbdul Rafey Siddiqui,the learned Counsel for the applicants and the learned Counsel for the State on this application under Section 482 of Cr. P. C.

(2.) IT appears that a case crime No. 336 of 2002 under Sections 452, 323, 504, 506 of I. P. C. was registered with Police Station Poora Qalendar, District Faizabad. The applicants were granted bail and were released on their furnishing bail bonds. During the course of investigation, Sections 308 and 325 of I. P. C. were added to the Sections already mentioned and compelled the present applicants to move application before the Magistrate concerned for permitting them to file bail bonds. IT is said that the learned Magistrate asked the applicants to seek bail from the Court of Sessions. The applicants moved application before the Court of Sessions, which was rejected on the ground that the applicants were not in custody. Now the applicants have come to this Court.

(3.) IN the result, this application is finally disposed of with a direction to the learned A. C. J. M. III to allow the applicants to remain on bail even under added Sections 308 and 325 of I. P. C. on the bail bonds, which have already been furnished by them.