Neutral Citation No. - 2025:AHC:128770 Court No. - 76 Case :- APPLICATION U/S 482 No. - 43436 of 2024 Applicant :- Anil Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Yadav,Sadrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Janardan Yadav, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by applicant for setting- aside the order dated 10.07.2024 passed by Session Judge, Azamgarh in Session Trial No.651 of 2014 (State Vs. Anil Chauhan) arising out of Case Crime No.246 of 2013, under Sections 498A, 306 I.P.C. and Section 3/4 D.P. Act, P.S. Jahanaganj, District Azamgarh. 3. It is submitted by learned Senior Advocate appearing for the applicant that applicant was initially facing trial under Sections 498A, 306 IPC and Section 3/4 D.P. Act. Learned Senior Advocate submits that charge was framed under the aforesaid sections, however, by means of impugned order dated 10.7.2024, the court below has ordered for framing of charge under Section 302 IPC. Charge under Section 302 IPC has been framed on the strength of statement of Doctor P.W.8, who has stated that injury sustained by the deceased could not have been caused by accident. Learned Senior Advocate further submits that initially charge was framed on 30.4.2015 and for almost 9 years, prosecution has not preferred any application for framing of charge under Section 302 IPC. Statement of Doctor has been recorded on 7.12.2023. Applicant has already been enlarged on bail in previous sections in the year 2013 and thereafter has been participating in the trial proceedings. Learned Senior Advocate submits that at the fag end of trial, the aforesaid charge under Section 302 IPC was directed to be framed. 4. It is to be seen that if the court finds that evidence produced by prosecution before the court concerned for offence under Section 302 IPC is made out, the trial court is empowered to frame alternate charge. 5. Considering the facts and circumstances of the case, since the alternate charge has been framed and applicant is already on bail and the submission of learned Senior Advocate, applicant shall file fresh bail bonds in respect of charge under Section 302 IPC to the satisfaction of the court concerned. The charge framed under Section 302 IPC would be considered as an alternate charge. 6. Let fresh bonds be submitted in respect of alternate charge. The applicant will not be required to surrender in respect of alternate charge under Section 302 IPC subject to applicant is appearing in trial court proceedings. 7. With the aforesaid observation/direction, the application under Section 482 Cr.P.C. is disposed of. Order Date :- 1.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad