JUDGMENT :

1. The present application is filed under section 439 of CrPC seeking regular bail in FIR No. 320/2022 dated 13.03.2022 under section 376/506/201/354-C/384 of IPC at P.S Ranhola.

2. The applicant earlier had preferred a regular bail application before the learned Trial Court, which was dismissed by the order dated 23.07.2022, on the ground that the applicant had tried to mislead the court by stating that it was his second bail application, whereas it was third. The learned Trial Court while dismissing the bail application relied upon the judgment of this Court in Shiv Lingam V. State & Anr in Crl. M.C. 2885/2022, Crl. M.A. 12026/2022, wherein it was held that if the record of earlier bail applications is concealed by the applicant, then inevitably the judicial officer concerned may remain under impression that no bail application had been considered earlier by any court. In the aforesaid terms fraud vitiates all proceedings and the consideration of the bail application, would be no exception.

3. Before dismissal of the above bail application applicant had filed one bail application which was dismissed on 28.04.2022 on the ground that allegations are serious in nature and chargesheet is yet to be filed and one application was withdrawn on 07.06.2022 with liberty to file afresh.

4. It is alleged that in the month of May, 2021, the complainant/prosecutrix came in contact with the applicant through Facebook. Applicant introduced himself as a doctor working with all India Institute of Medical Sciences.

5. It is claimed that the complainant talked with the applicant in relation to the removal of scar by surgery in her abdomen. She met applicant for the first time in July, 2021 and from August, 2021, he started visiting her residence. The applicant stated to have also become friendly with the family members of the complainant. It is alleged that it was on some date after 20th August, 2021, the applicant came to the complainant’s residence and on some pretext, spent the night at her house and slept along with her younger brother in a separate room. It is alleged that on the said night, the applicant came to the complainant’s room at about 12:00-12:15 night when he closed her mouth with his hand and committed rape. The applicant then showed the complainant a video on his mobile which was prepared by him during the time he committed rape. It is further alleged that up till 30th November, 2021, the applicant used to regularly meet the complainant and used to commit rape. She did not tell anyone due to the fear of the alleged video being viraled. The applicant also took a sum of Rs.1,20,000/- during that period by blackmailing her. It is further alleged that the family of the applicant on being informed by the complainant about the offence being committed by the applicant, threatened the complainant of dire consequences.

6. Learned Counsel for the applicant submits that he is in judicial custody since 14.03.2022. The investigation is complete and chargesheet has already been filed and the case is pending for trial before learned Additional Sessions Judge-01, Tis Hazari.

7. He states that the applicant is innocent and has been falsely implicated in the present case. It is stated that the applicant and the prosecutrix were having friendly/family relations with each other for the last 1.5 years. Further, he submits that alleged offence took place during the period August 2021 to November 2021. The FIR, however, has been registered belatedly on 13.03.2022 after a delay of about four months.

8. He further submits that prosecutrix and applicant have been in deep love relationship and were intending to marry each other. In fact, the family of prosecutrix had taken a personal loan of 2,00,000/-from applicant by luring him and when applicant demanded the money back, they conspired to usurp and grab the hard-earned money of applicant.

9. Learned APP for the State and learned counsel for the prosecutrix opposes the grant of bail to the applicant.

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