MONTU GAJENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicants, through this application, have prayed for the permission of this Court for filing of fresh bail bonds before the CJM Muzaffarnagar for offences Under Section 307/302 IPC and Section 3(1)(x) SC/ST Act in crime No. 39A of 2005, P.S. Thana Bhawan, district Muzaffarnagar by invoking inherent power under Section 482 Cr.P.C.

(2.) The facts of the case are that the applicants are accused in crime No. 39-A/05, P.S. Thana Bhawan, district Muzaffarnagar. The FIR (annexure 2) of the said incident was lodged by Sri Pal Singh the informant on 27.1.2005 at 2 A.M. in respect an the incident alleged to have taken place on 26.1.2005 between 8 and 9 P.M. The present applicants were arrayed as an accused in the aforesaid FIR. According to the version of the FIR the applicants assaulted the deceased Rishi Pal with lathi and danda as a result of which he received fatal injuries and died in the field of Samar Pal and Satish s/o Ram Chandra Saini. The FIR was registered Under Section 304, 147, 148 IPC as crime No. 39-A/05 at P.S. Thana Bhawan, district Muzaffarnagar. The present applicants Montu, Sachin, Omkar, Sonu, Ravinder and Ravi surrendered in the court in the aforesaid crime number for aforesaid offences and moved bail application before the Magistrate, which was rejected. Subsequently, they filed criminal misc. bail application No. 453/05 before the Sessions Judge, Muzaffarnagar, who vide his order dated 18.3.2005, allowed their bail application and enlarged them on bail on executing a personal bond of Rs. 40,000/- and two sureties each in the like amount to the satisfaction of Magistrate concerned in the aforesaid offences vide annexure No. 3. Subsequently, the charge sheet (annexure 1) was filed against the applicants Under Section 147, 148, 307 and 302 IPC and Section 3(2)(5) SC/ST Act. Annexure 4 is the post mortem report of the deceased, which indicates that the deceased has received four injuries in all. Since the charge sheet is laid against the applicant Under Section 307 and 302 IPC, therefore, they have prayed through the present application, that they should be allowed to file fresh bail bonds before the CJM Muzaffanagar for the aforesaid added/altered offences Under Section 307 and 302 IPC and Section 3(2)(5) of SC/ST Act in the aforesaid crime number.

(3.) I have heard the learned Counsel for the applicants and learned AGA.