VINOD PRASAD
BIJENDRA @ VIRENDRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Honble Vinod Prasad, J.—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 Bulandshahr, 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 Sections 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. T
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