Anticipatory bail is an extraordinary remedy, granted only in exceptional circumstances, particularly in serious offences like rape, where misrepresentation of marital status is involved.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 7/2025 dated 01.02.2025 was registered against the petitioner for the commission of offences punishable under Sections 64, 324(4), 351(2) of Bhartiya Nyaya Sanhita (BNS) registered at Police Station Panchrukhi, District Kangra, H.P. As per the prosecution, the accused had entered into sexual relationship with the victim with a false promise to marry her. The victim had earlier made a complaint against the petitioner. FIR No.67 of 2021, dated 30.01.2021, was registered in Police Station Bharwana, Tehsil Palampur, District Kangra, for the commission of offences punishable under Sections 452, 354A and 323 of the Indian Penal Code, which was withdrawn by the victim. The FIR was quashed vide order dated 17.11.2021 passed in Cr.MP(M) No. 560 of 2021. The victim swore an affidavit asserting that she was residing in a live-in relationship with the petitioner. The petitioner and the victim have a son aged 3 years out of this relationship. The victim was aware of the marital status of the petitioner. The petitioner is innocent, and he has not committed any offence. The petitioner would abide by all the terms and conditions, which the Court may impose; hence, the petition.

2. The petition is opposed by filing a status report asserting that the victim made a complaint to the police asserting that she met the accused in the year 2018. The petitioner/accused told her that he was a bachelor and promised to marry her. He entered into a physical relationship with the victim. The victim became pregnant in the year 2022. The accused assured the victim that he would marry her soon. The victim gave birth to a child in the year 2022. She asked the accused to honour his promise and solemnise the marriage with her. The accused failed to honour his promise. The victim found in the year 2025 that the accused was already married, and he had made a false representation to the victim that he was a bachelor. The accused entered the room of the victim on 19.1.2025 at about 10:00 pm and broke the articles lying inside it. The police registered the FIR and conducted the investigation. The statement of the victim was also recorded by the learned Judicial Magistrate, First Class, Palampur. The accused/petitioner maintained a physical relationship with the victim on a false promise to marry, hence, the status report.

3. I have heard Mr. Narender K. Guleria, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State.

4. Mr. Narender K. Guleria, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. The victim was aware of the marital status of the petitioner. She had executed an affidavit during the previous proceedings that she was residing with the petitioner in a live-in relationship with her consent. There is no question of any rape; hence, he prayed that the present petition be allowed and the petitioner be released on pre-arrest bail.

5. Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State submitted that the petitioner is involved in the commission of a heinous offence. He represented to the victim that he was a bachelor whereas he is married. The petitioner had deceived the victim in this manner; therefore, he prayed that the present be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. It was laid down by the Hon’ble Supreme Court in P. Chidambaram vs. Directorate of Enforcement 2019 (9) SCC 24 that the power of pre-arrest is extraordinary and should be exercised sparingly. It was observed:

“67. Ordinarily, arrest is a part of the procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 438 Cr.P.C. is an extraordinary power and the same has to be ex