Anticipatory bail under Section 438 should be granted sparingly, especially in serious offences, considering potential risks and the necessity for thorough investigation.

JUDGMENT

Subramonium Prasad, J. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No.41/2020 dated 16.01.2020, registered at Police Station Neb Sarai for offences punishable under Sections 376 /506/509 IPC.

2. Facts, in brief, leading to the present petition are as under:

a) A complaint was received from the prosecutrix stating that the petitioner herein has been in contact with her through www.Simplymarry.com since March, 2017. It is stated that the petitioner herein introduced himself as Aman Saini. It is stated that the petitioner told the prosecutrix that he is unmarried and is working in Indian Air Force. It is stated that the prosecutrix talked to the mother of the prosecutrix and her brother went to the Air Force Office to meet the petitioner. It is stated that thereafter the petitioner, along with his sister and brother-in-law, came to meet the prosecutrix and her family. It is stated that on 27.04.2017, the petitioner took the prosecutrix to his house and molested her. It is stated that in May, 2017 the petitioner established physical relationship with the prosecutrix. It is stated that in June, 2017 the petitioner introduced the prosecutrix to his mother and the prosecutrix used to talk to his mother on phone. It is stated that later on the prosecutrix came to know that petitioner's real name is Satvinder Kumar and not Aman Saini, she also came to know that the petitioner is married and has two children. It is stated that the prosecutrix stopped talking to the petitioner but the petitioner used to call the prosecutrix using different Numbers. It is further stated that one day the petitioner took the prosecutrix to the house of another lady - Rakhi Puyari, where the prosecutrix came to know that the petitioner has abused her also. It is stated that when the prosecutrix met the wife of the petitioner, she told her that the petitioner had many more such affairs in the past. It is stated that the petitioner took some cash and a loan of Rs.2,60,000/- from the prosecutrix out of which he has returned the cash amount and has given some cheques in lieu of the loan amount which the petitioner had taken. It is stated that the prosecutrix filed a complaint against the petitioner in the Air Force Office as well. It is stated that after requests from the mother of the petitioner the prosecutrix withdrew her complaint. It is further stated that on 02.10.2018, 25.12.2018 and 14.03.2018 the petitioner harassed and abused the prosecutrix. It is stated by the prosecutrix that she had not complained earlier because of societal fear. On the complaint of the prosecutrix, FIR No.41/2020 dated 16.01.2020, was registered at Police Station Neb Sarai for offences under Sections 376 /506/509 IPC.

b) The petitioner filed an application under Section 438 Cr.P.C seeking anticipatory bail. The learned Additional Session Judge New Delhi, vide order dated 20.10.2020, dismissed the said application.

c) The petitioner has thereafter approached this Court by filing the instant bail application.

3. Notice was issued on 28.02.2020, interim protection was granted to the petitioner. Status Report has been filed.

4. Mr. Prateek Chaturvedi, learned counsel for the petitioner, states that the petitioner has been falsely implicated in the instant case. He states that even after coming to know that the petitioner is married, the prosecutrix was in touch with the petitioner and money was advanced by the prosecutrix to the petitioner. He states that the petitioner is an officer of the Indian Air Force and has roots in the Society. He further states that the petitioner has joined the investigation and is always ava