Tilakram v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and 3 Others
Case brief
What is this about?
Tilakram v. State of U.P., High Court of Judicature at Allahabad, Lucknow Bench (Court No. 15), CRIMINAL APPEAL No. - 230 of 2023, decided 27.4.2023 by Ajai Kumar Srivastava-I, J. Maintainability of criminal appeal against rejection of bail in a POCSO Act case: appellant ought to have filed bail application under Section 439 Cr.P.C.; appeal dismissed as withdrawn with liberty. Case Crime No.174 of 2022 under Sections 323, 376, 506 I.P.C., Section 3/4 POCSO Act, Section 3(2)(V) S.C./ S.T. Act; impugned order dated 13.12.2022 by Additional Sessions Judge (Rape along with POCSO Act), Shrawasti. Precedents relied on: Rinku vs. State of U.P. (MANU/UP/2193/2019); Suraj S. Paithankar vs. State of Maharashtra (MANU/MH/2441/2020); In Re: The Registrar (Judicial) High Court (MANU/TN/1941/2017); Renoj R.S. vs. State of Kerala and another (2022 SCC OnLine Ker 5435).
What did the court decide?
Appeal dismissed as withdrawn with liberty to the appellant to seek appropriate remedy available to him in accordance with law; Office directed to return certified copy(s)/original document(s) to learned counsel for the appellant after retaining photocopy(s) on record.