Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17006
of 2019
Petitioner :- Amir
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Mishra Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Shri Amit Mishra, learned counsel for petitioner and Shri Deepak Mishra, learned A.G.A. appearing for the State.
This petition has been filed challenging the F.I.R. Dated 25.04.2019 giving rise in Case Crime No. 0337/2019, under Sections 354, 504, 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, P.S. Baheri, District- Bareilly.
The submission of learned counsel for petitioner is that the petitioner has been falsely implicated in the present crime in order to humiliate him. He never attempted or actually outraged the modesty of the sister of respondent no. 3. It is also argued that there is no injury mentioned in the medical report, which may substantiate the F.I.R. allegations. It is said that the F.I.R. has been lodged in order to blackmail the petitioner.
We have perused the impugned F.I.R. and found there are definite allegations alleging outraging the modesty of the prosecutrix. The Court, therefore, declines to quash the impugned F.I.R.
It will, however, be open to the petitioner to make such an application for bail before the Court of competent jurisdiction as the petitioners may be advised.
However, it is directed that in case, the petitioner appears and surrenders before the Courts below within 45 days from today and applies 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 Supreme 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, no coercive action shall be taken against the petitioner. However, in case, the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
This writ petition stands disposed of accordingly.
Order Date :- 21.6.2019 Sharad/-