An accused is not required to surrender or obtain fresh bail at the stage of a mere proposal for charge alteration. Mandatory fresh bail requirements only arise after the trial court has formally amended or added graver charges to the proceedings.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Short counter affidavit filed today by Mr. Pawan Kumar Trivedi, counsel for opposite party no. 2 is taken on record.

2. Heard Mr. Amar Singh, learned counsel for the applicants, Mr. Pawan Kumar Trivedi, learned counsel for opposite party no. 2, Mr Sushil Kumar Pandey, learned A.G.A. for the State and perused the records.

3. The present application has been filed with the prayer, to quash the impugned order 23.02.2026, passed by Learned Additional Session Judge/Special Judge (POCSO Act), District-Gonda, in Session Case No. 412/2021, arising out of F.I.R No./Case Crime No. 194 of 2020, Police Station-Paraspur, District-Gonda, by means of which the charge for the offences punishable under section 376 DA I.P.C and 5 (g)/6 POCSO Act was proposed to be framed and further applicants were directed to appear before the Learned Trial Court and to obtain bail, as contained in Annexure No. 1 to this petition, in the interest of justice.

4. The contentions put forth by learned counsel appearing for the applicants is that the First Information Report (FIR) was lodged on 02/08/2020 by the opposite party no. 2, bearing FIR no. 0194/2020, under sections 354(ka) and 506 IPC at Police Station Paraspur District Gonda, whereafter, the statement of the alleged prosecutrix was recorded under section 161 of CrPC, wherein, no allegation of rape is raised by the prosecutrix and on 05/08/2020 she refused to undergo the medical examination. He submitted that the statement of the prosecutrix was recorded under section 164 of CrPC, on 20/08/2020, wherein, the opposite party no. 2 alleged that on 10/08/2020, the applicants had committed rape upon her, whereas, in the FIR which was lodged on 02/08/2020, showing the date of the incident as 02/08/2020, no such allegation of committing rape upon the applicants.

5. He argued that subsequent thereof on 13.08.2020, the father of the alleged prosecutrix, has also moved an application under section 156(3) of CrPC against the applicants, in the court of the Chief Judicial Magistrate, Gonda, alleging that on 10/08/2020, the applicants committed rape upon prosecutrix and prayed for direction to be issued for lodging the first information report. He submitted that the prosecutrix was called upon for getting her statement recorded under section 200 of CrPC, to which she did not respond, and as a result thereof, the complaint was dismissed for want of prosecution. He submitted that after the investigation in case crime number 0194 of 2020, the investigating officer filed the charge sheet on 14/09/2020, bearing charge sheet number 01/2020 under sections 354(ka) and 506 of IPC and 7/8 of the POCSO Act. He added that after the chargesheet was filed, the applicants appeared and they have been bailed out, whereafter, the statement of the PW1 was recorded on 04/09/2025 and the special prosecutor, after the statement was recorded, moved an application under section 216 of CrPC, requested for alteration of the charges, to which the trial court considered and rejected the application and proceeded suo moto in the matter and has passed the order dated 23/02/2026 impugned herein.

6. It is argued by counsel for the applicants that while passing the order, the trial court prima facie found from perusal of the statement of the victim that there are prima facie charges of offense un