PRADEEP NANDRAJOG, J.

1. In the year 2007 the petitioner was posted as Sub-Inspector in Railway Protection Force (hereinafter referred to as “RPF”).

2. On 09.05.2007 a lady named Hina @ Sabiha (hereinafter referred to as the „Complainant?) made a complaint against the petitioner to the Station House Officer, PS Bhajanpura Delhi, inter-alia, stating that she was married to one Arif Khan and three sons were born to her out of the said wedlock. Her relations with her husband turned sour as he used to beat her after getting drunk. In March 1999 she came into contact with the petitioner who was her neighbour. Taking advantage of her disturbed condition, the petitioner lured her into having a relationship with him and induced her to divorce her husband on the assurance that he would marry her and also adopt her children. The petitioner also used to pressurize and extend threats to her husband to divorce her, due to which her husband divorced her. Thereafter the petitioner started residing with her and her children. On several occasions the petitioner used to force her to have sexual intercourse with him against her will and consent. On 21.12.1999 she and the petitioner got married in a temple by exchanging garlands in the presence of her relatives and friends of the petitioner. After their marriage, she and the petitioner started residing as husband and wife and that the petitioner used to treat her children as his own children. On numerous occasions she and the petitioner had gone for holiday to various hill stations. After sometime she came to know that the petitioner was having illicit relations with number of women. When she objected to the same, the petitioner ill-treated and manhandled her. With passage of time the petitioner regularly used to harass her. In the first week of March 2007 she came to know that the petitioner had married one Simran and that the said lady had filed a divorce petition against the petitioner. When she confronted the petitioner with the said fact he got annoyed and beat her mercilessly. Between the period from March 2007 to middle of April 2007 the petitioner raped her on numerous occasions. During the said period, the petitioner also started demanding a sum of `10,00,000/- from her. When she expressed her inability to give the said amount, the petitioner beat her and had unnatural sexual intercourse with her.

3. Based on the aforesaid complaint, on 12.06.2007, FIR No.251/2007 under Sections 376/420 IPC were registered against the petitioner. 4. Fearing arrest, the petitioner filed an application before the Court of Additional Sessions Judge for grant of anticipatory bail. Vide order dated 29.06.2007 the Additional Sessions Judge granted anticipatory bail to the petitioner. Being relevant, the order granting anticipatory bail needs to be noted. It reads as under:- “Heard. This is a 2nd application for bail by applicant/accused Gulshan Satija. Earlier was dismissed by this court on 27.6.07. It is submitted by Ld. APP as well as counsel appearing on behalf of complainant that there is no fresh ground for the release of applicant on bail. On the other hand, as per Ld. counsel for applicant there was no bar for the court to entertain 2nd application. Ld. counsel referred a case titled as Sulakhan Singhayar Vs Smt. Kuldeep Kaur and Ors. 1996 JCC 107 on this point. Ld. counsel pointed out that the complainant had given a statement before ACP concerned on 21.5.07 and same was not within his knowledge on said date i.e. 27.6.07. Now he has got a copy of said statement after applying under The Right to Information Act. Ld. counsel took me through said statement. The complainant has admitted to have married the applicant. Both of them resided together with for about 8 years as husband and wife. The complainant is stated to be a lady aged more than 30 years, having three children already from her earlier husband. In such a case, as per Ld. counsel, the applicant could not have been booked for an offence p