Allahabad High Court
Raghuvar Dayal vs State Of U.P. And 3 Others on 20 January, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- APPLICATION U/S 482 No. - 896 of 2023 Applicant :- Raghuvar Dayal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing of impugned order dated 16.11.2022 whereby learned Special Judge, POCSO Act/Additional Sessions Judge, Pilibhit has allowed application u/s 216 Cr.P.C. altering charge u/s 376D, 363, 366 I.P.C. & Section 5/6 of POCSO Act, 2012 in place of Sections 363, 366 I.P.C. & Section 3/4 of POCSO Act, 2012 in Special Session Trial No.09 of 2015, arising out of Case Crime No.1039 of 2014 (State vs. Uttam and another), Police Station-Bilsanda, District-Pilibhit.
Learned counsel for the applicant submits that the applicant is already on bail u/s 363, 366 I.P.C. and Section 3/4 of POCSO Act, but he has not got himself bailed out in altered charges. After arguing the case for quite some time at length and pitted against certain observations made by the Court, learned counsel for the applicants himself has given up to address the Court on merits of the case and prayed, that the purpose of his clients would suffice, if a direction may be given to the courts below to decide their bail application in altered sections within specific time frame.
Considering the entire facts and circumstances of the case and the arguments advanced, it is directed that if the applicant surrenders within 7 days before the court and applies for bail in altered sections of I.P.C., the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law For the period of 7 days from today, no coercive action shall be taken against the applicants in the aforementioned case.
It is made clear that no time extension application would be entertained for extending the period of 7 days.
With the aforesaid observations, the present application under Section 482 Cr.P.C. stands disposed off.
Order Date :- 20.1.2023 M. Kumar