JUDGMENT

1. This application for second anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 365/2020 registered at Police Station Jawahar Circle, District Jaipur City (East) for the offence(s) under Section(s) 376(2)(n), 323, 341 & 384 IPC.

2. Learned counsel for the petitioner submits that after rejection of the first bail application by this Court vide its order dated 13.09.2021, there are certain subsequent developments which have material bearing on the issue entitling him to renew his prayer for pre-arrest bail.

3. He submits that FIR in the instant case itself was not maintainable as it was lodged on 17.07.2020 whereas, the prosecutrix had already filed a complaint on 18.02.2020 in the Court of learned Chief Metropolitan Magistrate, Jaipur Metropolitan-I with similar allegations which came to be withdrawn by her on 17.07.2021 only after cognizance was already taken therein. He submits that from the statement of Shri Balveer Singh son of Shri Ratan Singh, an employee with the Hotel Moti Mahal, Pushkar, District Ajmer, recorded under Section 161 Cr.P.C., it is apparent that the prosecutrix has visited the hotel along with the pe