BIJENDRA ALIAS VIRENDRA Vs. STATE OF U P

JUDGEMENT

(1.) CAN an accused be allowed to remain on the same bail bonds or furnish only fresh bail bonds for the offences triable by the Court of Sessions, if he was earlier granted bail for offences triable by the magistrate in the same crime number, is the question, which has been mooted in the present application for consideration by the applicants. As this question has burdened this court regularly, therefore, it requires determination. But before adverting to the aforesaid question a resume of the facts.

(2.) THE informant Manoj Kumar lodged a FIR on 6-10-2005 at 10.40 A.M. at the police station Pahasu, district Bulandshahar, in respect of an incident alleged to have taken place on 6-10-2005 at 7.00 A.M as Crime No. 256 of 2005 under S. 147, 148, 452, 323, 324 IPC. Two sets of siblings were arrayed as accused. Rohit alias Chhotu and Gaurav are the sons of Shyam Lal and Veerendra, Kalyan Singh and Shyam Lal are the sons of Mukundi Lal and all were said to be armed with pharsa, katta, hockey and lathi. It is alleged that on the date and time of incident Amar s/o Shyam Lal called the informant on the pretest of removing his car standard over his plot. There the accused persons started belabouring the informant. Shyam Lal fired from a country made pistol. When the informant took to his heels the accused chased him, entered into his house and bet his two Bhabhis Smt. Rajwati and Smt Durgesh, his father Gopal Singh and his younger sister Hem Lata. The motive of assault was non payment of credited amount of Rs. 1,70,000/- (Rs. One Lakh Seventy Thousand) towards the assailants which they never wanted to pay inspite of repeated demand by the informant. The injured were got medically examined through constable and their injuries indicate that at least two of them had received lacerated wounds on right side parietal skull and left side parietal skull and rest of the injuries were contusions and abrasions on other parts of body. It is noted here that the injury reports of women folk - Smt. Rajwati, Smt. Durgesh and Km. Hem Lata have not been appended in this application.

(3.) BEING apprehensive of arrest in the newly added offence this application under S.482 CrPC invoking the inherent jurisdiction of this court with the prayer to "direct to the court below to accept the fresh bail bond from the applicants in newly added S.308 and S.325 IPC in case Crime No. 256 of 2005 under S. 147, 148,452, 323, 324, 325 and 308 IPC, Police Station Pahasu district Bulandshahr, as the applicants are already been on bail in the present case which was granted to them by Civil Judge (Junior Division) / Judicial Magistrate, Khurja, Bulandshahr on 10-10-2005 under S.147, S.148, S.323, S.324, S.504, S.452 IPC." The ancillary prayer is that the execution of coercive process issued against the applicants be kept in abeyance till the filing of the fresh bail bonds.