Neutral Citation No. - 2025:AHC:128411 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 6153 of 2025 Applicant :- Ranjeet Yadav Alias Anees Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This application U/S 528 BNSS has been filed by the applicant to quash the non-bailable warrant order dated 09.12.2024, order dated 15.10.2024, order dated 05.12.2023 passed by learned Special Judge (POCSO Court), Court No.1/ Additional Sessions Judge, Mau in S.S.T. No.71 of 2018 (State Vs. Ranjeet Yadav @ Anees Yadav), arising out of Case Crime No.0333 of 2018, under Sections 376 I.P.C. and 3/4 POCSO Act, Police Station Mohammadabad, District Mau. Learned counsel for the applicant submits that during investigation the victim in her statement recorded under Section 161 and 164 Cr.P.C. has stated that she was raped by the applicant. He further submits that after investigation charge-sheet has been submitted against the applicant under Sections 363, 366 I.P.C. and 7/8 POCSO Act on which learned Magistrate has taken cognizance and the trial court had also framed charge under Sections 363, 366 I.P.C. and 7/8 POCSO Act but during trial the victim improved her case and made specific allegation that she was raped by the applicant and as such on the basis of that false statement of the victim the charge was framed under Section 376 I.P.C., which is not substantiated by evidence and as such the same may be quashed by this Court. Learned AGA for the State has opposed the above submission of learned counsel for the applicant on the ground that the trial court has rightly framed charge under section 376 I.P.C. against the applicant on the basis of substantive evidence during trial and submits that no indulgence is required by this Court. I have heard learned counsels for the parties and perused the materials available on record. It is apparent that the victim in her statement recorded under Sections 161 and 164 Cr.P.C. has not alleged that she was raped by the applicant but during trial she has specifically stated that she was enticed to elope with a false promise of marriage then she was forcefully raped by the applicant and on this basis the trial court has framed additional charge against the applicant under Section 376 I.P.C. and charge under Section 7/8 POCSO has been amended to 3/4 POCSO Act. Since the charge has been added/amended on the basis of substantive evidence of the victim during trial as such no illegality has been committed by the trial court in this matter. The applicant has got sufficient opportunity to cross-examine the victim regarding the alleged improvement made by her during trial. In view of the above, the instant application filed under Section 528 BNSS is devoid of merit and is accordingly, rejected. However, it is provided that in case applicant appears / surrenders before the Trial court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears / surrenders before the Trial court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. In case the applicant fails to surrender before the Trial court within the aforesaid period, the trial court shall be at liberty to take coercive measures against the applicant in accordance with law. Order Date :- 31.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad