The High Court dismissed the anticipatory bail application as withdrawn. The applicant sought to file a fresh application under Sections 7/8 of the POCSO Act after provisions were added during investigation.
The anticipatory bail application was dismissed as withdrawn; applicants given liberty to apply to Sessions Court.
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1113 of 2020
Applicant :- Sonu Yadav And 6 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A., ,Kedar Nath Mishra
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Srivastava, learned counsel for the applicants, Sri Kedar Nath Mishra, learned counsel for the informant and Sri Arunrendra Pratap Singh, learned A.G.A. for the State.
It has been pointed out by learned A.G.A. that during investigation Section 7/8 POCSO Act has also been added in view of the evidence collected during investigation, especially, the statements of the victims.
In view of above, learned counsel for the applicants states that he may be permitted to withdraw the present anticipatory bail application and he shall also move an anticipatory bail application under Section 7/8 POCSO Act before the Court of Sessions.
In view of it, the present anticipatory bail application is, accordingly, dismissed as withdrawn.
However, in the event the anticipatory bail application of the applicants is rejected by the Sessions Court, the applicants are at liberty to file afresh anticipatory bail application.
Office is directed to return all the certified documents to learned counsel for the applicants after retaining photostat copy of the same on record.
Order Date :- 3.2.2020 Vikas
Sonu Yadav And 6 Others
State of U.P.
Rajul Bhargava
As recorded by the court registry
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