Anticipatory bail can be granted when the accused shows willingness to cooperate with the investigation and poses no flight risk, particularly in cases involving consensual relationships.

ORDER :

When the matter is taken up for hearing, learned advocate for the respondent No.2 remained absent.

RULE. Learned APP waives service of rule for the respondent-State.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 /under Section 482 of the BNSS, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216008250014 /2025 registered with Gandhinagar Sector-7 Police Station, Gandhinagar for the offences punishable under Section 69 of BNS.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and he is falsely enroped in the offence. Learned advocate for the applicant has submitted that the alleged incident took place from March-2023 to August-2024 and from September, 2024 to December, 2024, but the complaint was filed belatedly and no explanation is given for the delay. Victim is major and the applicant is serving in SRPF, on the fateful day, he was not present at the spot and he has not committed any offence. It is alleged that present applicant is friendship relationship with her since long and this is the clear case of the love affair. Hence, whatever incident took place is by consent. No any allegation of rape is substantiated and there is no substance of false promise of marriage. Now nothing is required to be recovered and discovered from the accused. Applicant is having no past antecedents. Applicant is ready and willing to join the investigation and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

3. Learned APP has vehemently opposed the present application on the ground that the present applicant is a married man and in the text of false marriage as well as friendship, he has developed the physical relationship with the victim. Investigation is at nascent stage. Offence is serious once and against the woman and his involvement is there. Based on these facts, the APP has requested the dismissal of the present application. Hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.

4. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects :

(1) Offence is not punishable with life imprisonment or death penalty;

(2) perusing the record, it appears that victim and present applicant are major. There were affair between them. It is an admitted fact and the said fact is also mentioned in the FIR. The alleged incident took place in the year 2023-2024 in the Crystal Hotel at Gandhinagar. Twice the applicant has committed the alleged act with the victim. The victim/prosecutrix visited twice with her own will;

(3) applicant is a government servant;

(3) applicant is ready and willing to join the investigation;

(4) no antecedent