R K RATHORE 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, SC/ST Act, Agra in the bail order dated 20.03.2009 passed in Special Session Trial No. 49 of 2005 arising out of case crime no. 106 of 2004 (State Vs. Ninua and others) under sections 323, 325, 504, 506 IPC and 3(1)(X) SC/ST Act, P.S. Tajganj Agra be quashed.

(2.) HEARD Sri R. K. Rathore, Advocate appearing for the applicant and AGA 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 giving go- bye to that procedure, the amount of personal bond can not 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.