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Gajram vs State Of U.P. And Another on 29 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 38

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 6673 of 2021

Applicant :- Gajram

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Order on Criminal Misc. Amendment Application No. 2 of 2021

The applicant was enlarged onanticipatory bail by the order dated 23.03.2021 for offences under Sections 498-A, 323, 376, 506, 511 IPC and Section 3/4 of D.P. Act.

This amendment application has been filed bringing on record a Parcha No. 56 dated 03.02.2021 whereby the applicant was also implicated for offence under Section 377 IPC. Averment has been made in the affidavit that when the bail application was filed this parcha was not in the knowledge of the deponent and therefore the prayer was not made for enlargement of the applicant on bail for offence under Section 377 IPC.

The applicant is husband of the informant.Counsel for the applicant has submitted that there was no such allegation in the FIR and subsequently the Investigating Officer has added Section 377 IPC. The applicant is already on bail in all other sections.

Counsel for the applicant is permitted to amend the prayer of the bail application and add Section 377 IPC within the course of the day. In the order dated 23.03.2021 passed by this Court the above noted Section 377 IPC shall be read along with other Sections and applicant shall enlarged onanticipatory bail under Section 377 IPC also.

The order dated 23.03.2021 stands amended to the extent above.

The amendment application is allowed.

Order Date :- 29.7.2021

Rohit

 

 

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