Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applicant/accused vide order is made absolute subject to the conditions that applicant/accused if required by the investigating agency shall appear before the Investigating Officer during the course of investigation and shall not threaten or intimidate any prosecution witnesses.

JUDGMENT :

1. Provisions of Section 439 of the Code of Criminal Procedure have been pressed into service by applicant/accused for grant of anticipatory bail in his favor on the grounds averred in the application to the fact, “that he has been falsely implicated in FIR No. 0155 of 2021 registered by Police Station Rehmbal for the commission of offences under Section 376 IPC for the alleged story by complainant/victim that she came in contact with applicant in the month of March, 2016 through social media via facebook and whatsapp whereby applicant started texting her on regular basis and told her that he really likes her and wanted to be friend with her, to which complainant/victim flatly refused and informed the applicant that he should talk to her parents for the marriage, applicant insisted the victim to become friend with him and time and again tried to make contact with her on whatsapp, she (victim) kept ignoring the advances of the applicant believing that eventually the applicant will back out from following her, but unfortunately in the month of March, 2017 the applicant again approached the victim/complainant and made a proposal that he really likes her and want to marry her, whereby the applicant kept on approaching the victim with same proposal and made promises that he will provide all the love and care of the husband to her and even approached the family of the victim and told them that he wants to marry her, whereby she (complainant/victim) believing the promise made by the applicant accepted his proposal and both of them decided to enter into relationship, whereby applicant forced her to have physical relation with him to which complainant/victim objected as they are not married but she got convinced by the applicant as he will definitely marry her within short span of time, she (victim) did not read the malafide intention and believing on his false assurances and the applicant made sexual relations with her many times, she consented to sexual relations with the applicant under the misconception of fact that applicant will marry her, that in the month of April i.e. on 13th of April, 2021, she tried to contact the applicant on mobile phone and inquired about when he will marry her but the applicant/accused avoided talking to her about the topic and started ignoring her under one pretext or the other, and on 14th of April 2020 the applicant called her on mobile phone and told her that when he will come back to Udhampur he will marry her, but the applicant flatly refused and openly told her that he made false promises about marrying, and also threatened her that she will face dire consequences if she ever tried to call him;” that the applicant is a respectable citizen of the society and is commanding good reputation in the society and is an Army Personnel, presently posted at Jodhpur Rajasthan as Sepoi (GDR) and is having good service records, the story so projected in the FIR shows that the same is created only to falsely implicate the applicant and to extract money from him which is totally false, fictitious and absurd, applicant has not committed any offence in case and has been trapped by the police, his image and reputation will be dashed to grounds and his service career will also be put to stake, applicant undertakes to abide by all the terms and conditions if the court deems fit at the time of granting bail, prayer has been made for grant of anticipatory bail and its confirmation.

2. This court vide it’s order dated 27.07.2021 on the application of applicant/accused, granted interim bail to him subject to furnishing of two sureties by him in the sums of Rs. 50,000/- with the directions that he will appear before the Investigating Officer and shall not contact with any prosecution witness.

3. On 14.09.2021, Sh. Sudesh Sharma, learned counsel for complainant/prosecutrix filed an application for cancellation/revocation of interim bail granted to applicant dated 27.07.2021, wherein it has been specifically contende