JUDGMENT :

Ilesh J. Vora, J.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 111890001210504 of 2021 registered with Halvad Police Station, for the offences punishable under Sections 376(2)(n), 354(A) of IPC read with Section 12 of POCSO Act.

2. Brief facts giving rise to present application are that, an FIR for the offence of rape and sexual harassment to the minor daughter of the victim aged about 14 years came to be filed on 28.07.2021. The parties are residing at village: Halvad, Dist.: Morbi. Since last 8 years and more, the victim and her husband, with two kids are residing in rented house, adjacent to the house of the applicant herein and accordingly they developed family relationship. It is stated by the victim that she fell in love with the applicant and indulge in physical relationship, which would continue for long time. Admittedly, the vary facts being in knowledge of husband of the victim and other members of the society. It is stated that before one and half year ago, she informed the applicant that, she intends to end this relationship for the betterment of children, however, the applicant herein forced her to maintain physical relationship and threatened to circulate and upload her objectionable photographs, video on social media. Upon receiving such threats, she succumbed to the demands of the applicant herein and maintain physical relationship with him. It is alleged that around one and half year from the date of lodgement of present FIR, victim was told by her minor daughter, aged about 14 years, that the applicant invited her at his house, where, he kissed her and touched her inappropriately on her breast. It is stated that, since then, the minor daughter had been sent to her native place. It is alleged that before 3 months of the FIR, the applicant herein sent voice message to her husband informing that, they should vacate the rented premises, threatened for dire consequences. In this background facts, the victim being a married woman, aged about 36 years, lodged an FIR for the offences as referred above, against the applicant herein.

3. The applicant herein preferred Anticipatory Bail Application before the Sessions Court, Morbi. The Sessions Court, vide its order dated 13.08.2021, observed that the offence is serious in nature and prima-facie involvement of the applicant is established and accordingly, the application came to be rejected.

4. Heard learned counsel Mr. B.T. Rao, for the applicant, Mr. Chandrashekhar B. Gupta, learned advocate for the original complainant - victim and Mr. Manan Mehta, learned APP for the respondent State.

5. Learned counsel Mr. BT Rao for the applicant, raised the following contentions:

(1) The victim's version is not believable, as there is a delay of one year and seven month in lodging the FIR for which, there is no reasonable explanation offered by the victim. In this context, he submitted that the victim was not prevented by anybody from filing the complaint. Thus, the FIR has been filed with the object of humiliating the applicant by arresting him;

(2) Referring the transcript of audio recording of conversation, submitted that it was the husband of the victim pressurized the applicant to maintain relationship with the victim and at relevant point of time, when minor daughter was studying in the school at Halvad, she having affair with school boy and at the behest of the victim the applicant herein intervened and convinced the victim and her daughter to get admission at another school, as a result of which, the minor daughter sent to native place of the victim at district Kutch for education. In this background fact, it was submitted that the incident of minor daughter never happened and concocted by the victim to malign the applicant for the reasons best known to her;

(3) It was submitted that the applicant herein decided to discontin