SHIV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The facts giving rise to this application under Section 482 Cr. P. C. are that a case was registered under Sections 323, 324 and 504 Indian Penal Code by police, Police Station Mangalpur, District Kanpur Dehat. The police released the accused on bail.

(2.) THEREAFTER, on receipt of the doctor's report the case was converted, one under Section 308, Indian Penal Code and after completion of investigation the charge-sheet was also filed under Section 308 Indian Penal Code, alongwith aforesaid sections. On receipt of the charge-sheet Additional Chief Judicial Magistrate-1 Kanpur Dehat summoned the accused and made a mention in the order dated 15-12-2005 that the accused were not bailed out under Section 308 IPC.

(3.) HOWEVER, on the basis of the argument advanced, we may proceed on the assumption that the request is that the direction be given to the Magistrate to release the applicants on bail in the added offence.