Neutral Citation No. - 2025:AHC-LKO:1586 Court No. - 12 Case :- APPLICATION U/S 482 No. - 84 of 2025 Applicant :- Umesh Giri And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Sinha, Siddhartha Sinha Counsel for Opposite Party :- G.A., Brij Mohan Sahai Hon'ble Saurabh Lavania,J. 1. Shri B.M. Sahai, Advocate has put in appearance on behalf of opposite party no.2 by filing his Vakalatnama, which is taken on record. 2. Heard Shri Siddharth Sinha, learned counsel for the applicants, Shri B.M. Sahai, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material brought on record. 3. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "(i) quash the order dated 1.1.2025 (Annexure No.35) passed by the learned Chief Judicial Magistrate, Gonda, issuing Non-Bailable Warrants against the applicants. (ii) direct the learned courts below to accept the bonds and sureties already filed by the applicants in Crime No./FIR No.925/2023, U/s- 147, 148, 149, 323, 504, 506, 324, 307 IPC, PS- Kotwali Nagar, District - Gonda in section 302 IPC also." 4. For the purposes of seeking relief quoted above, in nutshell, it is stated by learned counsel for the applicants that in FIR/Case Crime No.0925 of 2023, under Sections 147, 148, 149, 307, 323, 324, 504, 506 I.P.C., the applicants were enlarged on bail vide orders annexed as Annexure No(s) 19, 20, 21, 22, 23, 24 and 25 and accordingly in view of judgment passed in the case of Pradeep Ram Vs. State of Jharkhand and Another, (2019) 17 SCC 326, the appellant can only be arrested in added sections after seeking permission of the Court. 5. It is further stated that the applicants are in apprehension that they would be arrested for the offence under Section 302 I.P.C. and as such the present application has been filed for the above quoted relief. 6. In continuation, learned counsel for the applicant has relied upon para 31 of the judgment of Hon'ble Supreme Court in the case of Pradeep Ram Vs. State of Jharkhand and Another, (2019) 17 SCC 326. The relevant para is extracted hereinunder. "31. In view of the foregoing discussions, we arrive at the following conclusions in respect of a circumstance where after grant of bail to an accused, further cognizable and non-bailable offences are added: 31.1. The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In event of refusal of bail, the accused can certainly be arrested. 31.2. The investigating agency can seek order from the court under Section 437(5) or 439(2) CrPC for arrest of the accused and his custody. 31.3". The court, in exercise of power under Section 437(5) or 439(2) CrPC, can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-bailable offences which may not be necessary always with order of cancelling of earlier bail. 31.4. In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it needs to obtain an order to arrest the accused from the court which had granted the bail." 7. Upon due consideration of the facts and circumstances of the case and the observations made by Hon'ble Apex Court in the case of Pradeep Ram (supra) in para no.31 quoted above including para nos.31.4 wherein the Hon'ble Apex Court said that "in a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it needs to obtain an order to arrest the accused, but for arresting the accused on such addition of offence or offences it needs to obtain an order to arrest the accused from the court which had granted the bail", as also the apprehension of arrest of the applicants, on being confronted, learned counsel for the applicants states that the present petition be consigned to records with liberty to the applicants to avail the remedy as available under law including granting liberty to move an appropriate application before Chief Judicial Magistrate as also the representation before the concerned police officers/officials on the subject in the light of the observations/directions of the Hon'ble Apex Court made in the case of Pradeep Ram (supra). 8. The aforesaid prayer has not been opposed by the side opposite. 9. Taking note of the aforesaid, the present application is consigned to record with the liberty as prayed for. Order Date :- 8.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench