The court established that the marital status of the complainant and the consensual nature of the relationship were critical in granting anticipatory bail.

JUDGMENT

Sandeep Mehta, J. - This anticipatory bail application under Section 438 CrPC has been filed by the petitioner Mukesh Kumar S/o Hari Vallabh apprehending his arrest in connection with F.I.R. No.69/2021 registered at the Police Station Ambamata, Udaipur for the offences under Sections 376 and 384 IPC.

2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and gone through the impugned order and the challan papers.

3. The prosecutrix is a major married woman. She filed a typed report to the Superintendent of Police, Udaipur on 12.02.2021 alleging that the relations between her and her husband became strained and thereafter, she started selling milk and vegetables to sustain herself. The accused Mukesh Kumar used to come to her shop frequently. He took her mobile number and thereafter started alluring her. He also established physical relations with the complainant by giving her a fraudulent assurance of marriage, but later on resiled from his promise. In this manner, the complainant claimed that the accused had fraudulently coerced her into establishing physical relations. Apprehending his arrest in connection with the above FIR, the petitioner has approached this court by way of this bail application under Section 438 CrPC.

4. Learned counsel representing the petitioner vehemently and fervently urged that the complainant is habitual of filing such cases. Previously she had filed an FIR for the offences under Section 450, 504 and 376 IPC against one Kapil Kriplani. He further urged that as a matter of fact, it was the prosecutrix, who took the lead in the mutual love affair. To support this averment, various whatsapp messages forwarded by the prosecutrix to the petitioner have been placed on record. On the basis of these submissions, Mr. Gurjar urges that the petitioner deserves indulgence of pre-arrest bail in this case.

5. Learned Public Prosecutor, and the learned counsel for the complainant vehemently and fervently opposed the submissions advanced by the petitioner's counsel. However, the whatsapp chats forwarded by the prosecutrix to the petitioner have not been disputed.

6. In these whatsapp chats, the prosecutrix is freely conveying her affection to the petitioner. She is admittedly a major married woman. It has been alleged in the FIR that the petitioner allured her into the sexual relationship and thereafter resiled from his promise to marry. Nonetheless, the fact remains that the marriage of the proscutrix with Naresh Acharya subsists and thus, there is no sanctity in the allegation of the prosecutrix that she fell for the promise of marriage given by the petitioner.

7. In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of pre-arrest bail to the petitioner under Section 438 Cr.P.C.

8. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Mukesh Kumar S/o Hari Vallabh in connection with F.I.R. No.69/2021 registered at the Police Station Ambamata, Udaipur, he shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

(iii) that the petitioner shall not leave India without previous permission of the court.