RADHEY Vs. STATE OF U P

JUDGEMENT

(1.) "Whether in the case of jumping over bail, condition to deposit the amount of personal bond by the accused can be imposed at the time of granting fresh bail?", is the main point that falls for consideration in this bail application moved under Section 439 (1) (b) of the Code of Criminal Procedure (in short, 'the Cr. P.C.'), in which it is prayed that condition No. 1 imposed by the Special Judge, S.C./S.T. Act, Agra in the bail order dated 20.3.2009, passed in Special Session Trial No. 49 of 2005, arising out of Case Crime No. 106 of 2004, State v. Ninua and others, under Sections 323, 325, 504, 506, I.P.C. and 3 (1) (x) of S.C./S.T. Act, P. S. Tajganj, Agra be quashed.

(2.) HEARD, Sri R. K. Rathore, advocate appearing for the applicant and A.G.A. for the State.

(3.) IT is also submitted by the learned counsel for the applicant that special procedure is provided in Section 446, Cr. P.C. to recover the amount of personal bond, if the said bond is forfeited and given go-bye to that procedure, the amount of personal bond cannot be recovered through back-door by imposing condition of depositing the amount of personal bond at the time of granting fresh bail to the accused.