JUDGMENT :

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

3. Apprehending his arrest in Case Crime No.551 of 2019, under Sections 376, 504, 506 IPC, Police Station Tanda, District Rampur, the applicant -Riyazuddin has filed this anticipatory bail application seeking anticipatory bail in the aforesaid crime number.

4. It is alleged in the F.I.R. that on the false pretext of marriage, the accused applicant made physical relations with the prosecutrix for about one year and subsequently refused to marry her and threatened her to kill. F.I.R. was lodged on 16.11.2019 and investigation started and now charge-sheet has been submitted.

5. It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed. It is further submitted that the applicant never made any promise to marry with the prosecutrix. It is further submitted that it is a case of consensual relationship and the prosecutrix is a major lady and she was living with the applicant on her own free will and consent and the applicant never made physical relations with the prosecutrix forcibly or against her will. It is further submitted that in her statement recorded u/s 164 Cr.P.C., the prosecutrix has stated that she was in love with the applicant and she made physical relations with the applicant out of her own free will. It is further submitted that protection was granted to the applicant by this Court till filing of police report u/s 173 (2) Cr.P.C. in Crl. Misc. Writ Petition No. -24816 of 2019 vide order dated 5.12.2019 and the applicant has not misused the liberty granted to him. It is further submitted that the applicant has been cooperative during the course of investigation. He has no criminal history to his credit. No coercive process has been issued against the applicant. It is further submitted that no custodial interrogation is required in this matter from the applicant. Now after submission of the charge-sheet, the applicant is entitled for anticipatory bail till the end of trial.

6. Learned A.G.A. opposed the prayer for anticipatory bail and it has been submitted that after collecting ample evidence, charge-sheet has been submitted in this matter. Medical report supports the prosecution version.

7. By way of supplementary affidavit filed today, the applicant has brought this fact to the notice of this Court that he is still a bachelor whereas the prosecutrix performed marriage with one Rizwan s/o Kaluwa r/o Mohalla Vijay Nagar, Police Station Kashipur, District Udham Singh Nagar (Uttrakhand).

8. Now a days the Courts are over-flooded with the matters wherein it is alleged that the male accused, on the false promise of marriage, only to fulfill his lust, made physical relations with the victim and subsequently did not keep his promise and left her abandoned. In such matters, what the Court should actually look into is the intention of the accused from very inception of the relation.

9. Hon'ble Apex Court in Pramod Suryabhan Pawar Vs. The State of Maharashtra & Anr., 2019 (9) SCC 608 has categorically held that there is a distinction between a false promise given on understanding by maker that it will be broken and breach of a promise which is made in good faith but subsequently not fulfilled.

In paragraph 14 of the aforesaid judgment, the Hon'ble Apex Court held that :

"14. ... In the present case, the "misconception of fact" alleged by the complainant is the appellant's promise to marry her. Specifically in the context of a promise to marry, this Court has observed that there is a distinction between a false promise given on