Entitlement to anticipatory bail without commenting on the merits of the case.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. Vide the present application, the applicant/ accused seeks directions thereby to be released on bail in the event of his arrest in connection with FIR No. 87/2019 registered at Chanakyapuri Police Station for the offences punishable under Sections 376/506 IPC on such terms and condition as this Court may deem fit and proper.

2. Learned counsel appearing on behalf of the applicant submits that the applicant and prosecutrix used to go out for late-night dinners and parties and in most cases, the applicant used to pay for the outings. When the applicant used to meet his colleagues, the prosecutrix always insisted on accompanying him. It reached an extent that it used to be very uncomfortable for the applicant to see the prosecutrix alone amongst men in an intoxicated state. There have also been incidents when the applicant showed his discomfort towards the same and the prosecutrix used to abuse the applicant alleging him to be a narrow-minded man who does not deserve anyone's love.

3. It is further submitted that the prosecutrix and applicant got physically involved as the applicant was in severe depression due to the medical condition of his mother and the pending divorce proceedings with his wife. The prosecutrix took such a gesture of the applicant as that of true love and never questioned his intentions.

4. Subsequently, as the demands of the prosecutrix started growing and when the applicant was unable to fulfil them due to shortage of money, their relationship started to turn sour. It went to such an extent that the applicant was humiliated in public by the prosecutrix and words like 'kadka' and 'nanga' were used against him. The prosecutrix used to abuse the mother of the applicant as well, even though at the beginning of the relationship she encouraged the applicant to spend more time with her. Subsequently, she started asking the applicant why he is spending so much on her medicines considering her age.

5. Learned counsel further submits that the physical relations between the applicant and the prosecutrix were consensual and section 376 IPC does not attract in this case.

6. On the other hand, learned APP appearing on behalf of State submits that the petitioner was married, however, he still gave false promises of marriage to prosecutrix and, accordingly, she agreed to have physical relations. He further submits that the applicant was not supposed to conceal marriage and should not have given false promises to many to the prosecutrix. The prosecutrix had physical relations with applicant on false promise, but on one day, as per the statement recorded under Section 164 Cr.P.C., the applicant gave beer to her which was spiked with some intoxication and at that point of time, when she was not in her senses, the applicant took advantage of that and had sexual intercourse with prosecutrix without her consent.

7. The FIR mentioned above is registered on the basis of written complaint of the prosecutrix. She stated in the complaint that in the month of January,2019, when she was working at PVR Chanakyapuri, at around 7.00 -7.30 PM, one person, namely, Rahul Singh (applicant herein), came to her and told her that he was not feeling well due to stomach pain. So, as per her duty, she gave him luke warm water and then he requested for ENO. She requested her staff to get the ENO medicine and they gave him the same. After few days, the applicant sent her a message on facebook messenger by stating 'Thank you 'S'., you helped me'.

8. After few days, the applicant again came to PVR Chanakyapuri Cinema and he personally spoke to her and thanked her and he also told her that he was working with MPs (Members of Parliament) and after talking for a while, they both became good friends and exchanged their numbers. Applicant used to visit the prosecutrix at her office to pick and drop her and they both used to have lunch together almost everyday.

9. In the month of March,2019, applicant proposed the prosecutrix for ma