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MANISHA BATRA
Abhishek Sharma @ Abhi Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition has been filed by the petitioner under Section 438 of Cr.P.C. seeking pre arrest bail in case arising out of FIR No.131 dated 27.08.2023 registered under Section 376 of IPC at Police Station Nangal, District Rupnagar.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR has been registered on 27.08.2023 on the basis of written complaint filed by the complainant "R" (name withheld) alleging therein that in the month of December 2021, she had come into contact with the petitioner-accused through Instagram App and they had become friends. In January 2022, on the asking of the petitioner and on promise given by him to perform marriage with her, she had gone to Nangal to meet him. He had taken her to some hotel wherein he had forcibly maintained physical relations with her on the assurance of performing marriage. Thereafter, also he called her at different places and maintained physical relations with her. While alleging that he had stopped contacting her and even her phone was going switched off, she prayed for taking action against the culprit. After registration of FIR. Inve
Anticipatory bail under Section 438 requires consideration of the nature of the offence, potential for influencing investigation, and discretion of the court.
A promise of marriage does not constitute rape if the relationship was consensual and there is no evidence of a false promise from the beginning.
A consensual relationship should not automatically be interpreted as rape on the basis of a broken promise of marriage, emphasizing the need to consider context and intentions behind consent.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
The court found the custodial interrogation unnecessary and granted pre-arrest bail based on the nature of the relationship and lack of evidence.
The main legal point established in the judgment is that in cases involving serious allegations, the accused's conduct, including absconding and failure to join the investigation, can influence the c....
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