- (1.) By means of this petition under S. 482, Cr. P.C. the applicant has requested for permission to file fresh bail bonds in case No. 169 of 1999, State v. Banajeet under S. 304-A, I.P.C. now converted under S. 302, I.P.C., P. S. Akbarpur, district Kanpur Dehat.
(2.) I have heard Sri S. R. Verma, learned counsel for the applicant and the learned A.G.A.
(3.) It is contended by the learned counsel for the applicant that the applicant was already released on bail, by the Court for offence under S. 304-A, I.P.C. However, the chargesheet have now been submitted under S. 302, I.P.C. That therefore, the applicant may be permitted to file fresh bail bonds for that offence and he is not required to obtain fresh order for bail. Learned counsel for the applicant has referred to the following cases :Leading case on the point is Ugrasen Singh v. State of U.P. (1993) 30 All Cri C 531. This is a Division Bench decision and in this case the bail was granted u/Ss. 336, 504, 506, 323, 427, I.P.C. The case was converted under S. 308, I.P.C. The accused were permitted to file fresh bail bonds under S. 308, I.P.C. It was observed that the distinction between Ss. 323 and 308, I.P.C. can depend upon the allegations, the correctness, which naturally could not be altered and are not on the basis of the alteration vide the report of the police. It was further observed that when a person is once granted bail in respect of particular crime the subsequent change in the matter of reference to the section under the offences though it may be made by the police will remain subject of consideration by the Court.;