Court No. - 53
Case :- APPLICATION U/S 482 No. - 17322 of 2018 Applicant :- Alok Bharti Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kamal Kishor Mishra, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, the learned AGA for the State.
This application under Section 482 Cr.P.C. seeking to quash the entire proceeding against the applicant arising out of Criminal Case No. 258 of 2018, State vs. Alok Bharti, arising out of Case Crime No. 102 of 2017, under Sections 376, 504, 506 IPC and Section 3(2)(5) of SC/ST Act, P.S. Mahila Thana, District Gorakhpur pending in the court of Special Judge, SC/ST Act, Gorakhpur including the charge sheet dated 24.01.2018.
The submission of learned counsel for the applicant is that the applicant and the prosecutrix are teachers in the degree college and there was a loan advanced in the sum of Rs. 1,30,000/- to the second opposite party by the applicant and when he demanded the same back the opposite party has come up with an allegation of rape by the applicant through a false promise to marry.
Learned AGA has opposed the motion to admit this application to hearing and has taken this Court through the statement of the prosecutrix recorded under Section 164 Cr.P.C.
A perusal of the statement of the prosecution under Section 164 Cr.P.C. carries a definite allegation and supports the prosecution case of ravishment by a false promise to marry and cheating. The allegation may be true or untrue. The same cannot be adjudged in the present proceedings under Section 482 Cr.P.C. The prayer for quasing the charge sheet is, therefore, refused.
However, considering the facts and circumstances of the case, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till disposal of the bail application whichever be earlier, no coercive action shall be taken against the applicant in the aforesaid case.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 29.5.2018 Imroz