IMPORTANT POINT
While considering application for grant of anticipatory bail court has to consider nature of offence, role of person, likelihood of his influencing course of investigation, or tampering with evidence (including intimidating witnesses), likelihood of fleeing justice.

JUDGMENT

Hima Kohli, J.

1. Leave granted.

2. The appellant/prosecutrix, who claims to have been exposed to the horrors of the notorious casting couch syndrome, at the hands of the respondent No.2/accused herein, is aggrieved by the orders dated 21st September, 2022¹[First Impugned Order.] and 07th October, 2022²[Second Impugned Order.], passed by the High Court of Judicature at Bombay in exercise of its Criminal Appellate jurisdiction allowing the anticipatory bail application³[Anticipatory Bail Application No. 2594 of 2022.] filed by the respondent No.2/accused in connection with FIR⁴[CR FIR No. 915 of 2022 registered on 06th August, 2022.] filed by her with the MIDC Police Station, Mumbai. Initially, the FIR was registered under Sections 354, 354-B and 506 of the Indian Penal Code, ⁵[For short ‘the IPC’]. Subsequently, on the supplementary statement of the appellant/prosecutrix being recorded, offence under Section 376 was added to the subject FIR. By the first impugned order, the High Court granted pre-arrest bail to the respondent No. 2/accused as an interim measure subject to certain conditions and on 7th October 2022, confirmed the said order.

FACTS OF THE CASE

3. The facts of the case as are relevant for deciding the present appeals are briefly stated:-

3.1 The appellant/prosecutrix is a Model by profession. She filed a complaint with P.S. MIDC, Mumbai against the respondent No.2/accused in the late hours of 5th August, 2022, when she dialled ‘100’ to call the police alleging that the respondent No.2/accused, a businessman, who lured her under the garb of offering her some modelling assignments and then forced himself upon her and raped her in a hotel room where she was staying.

3.2 The relevant portion of the appellant’s statement recorded in the early hours of 06th August, 2022 at the MIDC Police Station, Mumbai is extracted hereinbelow :-

“……Thereafter we discussed about our work, thereafter Jignesh told me that he wants to talk with me some personal therefore he told me to go in room. Then as Jignesh is going to give me job therefore at about 11.15 pm in the night I took him in the hotel room. Then I asked him water but he refused. Then he told me that, "xxx tu jo field me kaam karti hai, wo field me to tumhe pata hai kya kya karna padta hai" (xxx you know that, what things needs to do in the field you are working), at that time I told him to speak clearly. Then he told me that, "xxx kuchh pane ke liye kuchh khona padata hai" (xxx one has to sacrifice something to get something). At that time I told him, that I have cleared you about the same on very first day. At that time he told me that, you have to compromise with me, I have good contacts. At that time I clearly refused him. Thereafter he got up from bed and pushed me on bed and he touched my breast and backside. Then I started shouting and then he held my neck and threatened to kill me and then he opened his shirt buttons and he tried to open my clothes. In between my maxi was torn near the neck and breast and then he took out his private part with his hand and he started doing intimacy with me and then I pushed him forcibly and went out from the room and then I got down to the reception from staircase and called the police on 100 number……………”

3.3 Thereafter, in the evening of 06th August, 2022 itself, a supplementary statement of the appellant/prosecutrix was recorded, relevant portion whereof is as under :-

“……Then he got up from the bed and pushed me on the bed by pushing me hard. This time he touched my chest and my rear and lifted my dress which I was wearing. As I screamed and begged him not to do this to me, he grabbed me by the throat and threatened to kill me. At that time my whole body was shivering, I was completely scared, I had no idea. He then unbuttoned his shirt, removed his pants and tried to remove my clothes. There was a tussle between us and my maxi was torn near my neck and near my chest. During the tussle, he pulled my knicker down and pulled out