JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The present application has been filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) on behalf of the petitioner/applicant praying anticipatory bail in FIR bearing No. 1251/2021 registered under Police Station Nihal Vihar, Delhi for offence punishable under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “SC/ST Act”).

2. As per the FIR the prosecution story is as follows:

(i) The Complainant is a divorced woman belonging to Scheduled Caste (Pasi) category and is currently residing at House No. 63, Kunwar Singh Nagar, Temple Galli, Nangloi, Delhi-110041 along with her daughter.

(ii) Complainant got married to Sh. Shashi Shekhar on 31st December, 1999 according to Hindu rites and ceremonies.

(iii) The Petitioner/Applicant used to regularly visit Complainant's matrimonial house. He continued to visit her even after her divorce.

(iv) One day the Petitioner/Applicant made physical relations forcefully with the Complainant and took ob