Neutral Citation No. - 2025:AHC:86663 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 18386 of 2025 Applicant :- Dr. Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. Learned counsel for the applicant states that the applicant has been falsely implicated by the victim as she could not fulfil the demand as raised by the victim time and again. Learned counsel for the applicant further states that applicant is neither a doctor nor any such incident as stated in the statement recorded by the Police or in the complaint has occurred, therefore, the case is based on false and fabricated story concocted by the complainant to extort the money. The applicant has been paying money from his Mobile No.9258091778 to the victim through Phone-Pay on 7983804960 and when the applicant stopped paying money, he has been implicated with the false case. 3. Learned AGA submits that there are specific allegations against the applicant that at midnight when the victim had gone to get medicine for her daughter and while her daughter was undergoing treatment, the victim has been put to aggravate sexual assault. The incident has been brought to the knowledge of the victim's husband by the victim's Dewar, who had seen the incident. 4. After hearing the learned counsel for the applicant, learned A.G.A. for the State and on perusal of the record, the Court is of the prima facie view that at this stage, the defence led by the applicant cannot be looked into. There are sufficient material on record which satisfy ingredients of Section 376 I.P.C. besides above. 5. It has also been brought to the knowledge of Court by the learned A.G.A. that the applicant's application for seeking discharge has already been dismissed by the trial court, therefore, the present applicant is not maintainable in the present form. 6. Therefore based on aforesaid deliberations, the application is devoid of merits and hence, accordingly, dismissed. 7. The observations made hereinabove shall not have any bearing on the final outcome of the case and has only been made for the disposal of the present case. Order Date :- 22.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad