The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and the need to balance individual rights with the interests of justice in cases of such nature.

JUDGMENT :

1. Counter affidavit filed on behalf of the informant/opposite party no.2 is taken on record.

2. Apprehending his arrest in Case Crime No.568 of 2023, under Sections 323, 328, 376, 506 IPC, Police Station Quarsi, District Aligarh, the present anticipatory bail application has been moved on behalf of the applicant Kaushal Anand seeking anticipatory bail.

3. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant/opposite party no.2 and perused the record.

4. Prosecution story as unfolded in the F.I.R. is that the applicant developed family relations with the prosecutrix and after administering some intoxicant in the cold drink, he committed rape with her on 19/20.4.2022 and subsequently on so many occasions the prosecutrix was physically exploited by the applicant. Concealing his marital status, the applicant used to insist the prosecutrix to get married with him and during the sequence of events, he also assaulted the prosecutrix as a result whereof she sustained injuries and the applicant also procured some obscene photos and videos relating to the prosecutrix and used it as a tool to blackmail her. An F.I.R. was lodged on 23.6.2023 and investigation started, which is going on.

5. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. He has been falsely implicated in this case. It is further submitted that the F.I.R. of this case has been lodged very belatedly without any plausible explanation of delay.

It is further submitted that it is a case of consensual relationship where the major prosecutrix with her own will and consent made physical relations with the applicant and a huge monetary help was also offered by the applicant to her. It is further submitted that they have been in sweet and close relations with each other and only to grab the money from the applicant, F.I.R. has been lodged on the basis of false and fabricated facts.

It is further submitted that the anticipatory bail application was moved before the Sessions Court by the applicant on 27.6.2023, which was rejected by the Court on 18.7.2023, but in the meanwhile, during the interregnum period, a process under section 82 Cr.P.C. was also issued against the applicant under the instructions of the Court on 11.7.2023 and the applicant, as such, was not a willful defaulter.

It is further submitted that a twisted story has been averred by the prosecutrix in her statement under section 164 Cr.P.C. It is also submitted that on the alleged dates of rape and physical exploitation, the applicant and prosecutrix were staying happily together and relevant photographs have been annexed with the affidavit. It is also submitted that the medical report of the prosecutrix is a suspicious piece of evidence and she has refused for her internal examination by the doctor.

It is further submitted that as a matter of fact, opposite party no.2 herself has played fraud with the Government and an F.I.R. was lodged against her as case crime no.362 of 2021 under sections 177, 420 IPC by the District Program Coordinator, District T.B. Disease Centre, Aligarh. It is further submitted that during the course of investigation, an application along with affidavit was given to S.S.P., Aligarh by one Priyanka Chauhan, who is said to be the friend of the prosecutrix, wherein she has narrated the factum of a friendly live-in relationship between the applicant and the prosecutrix herself. It is further submitted that the criminal history of the applicant has been duly explained and as such he is entitled for anticipatory bail. In support of his submissions, reliance has been placed upon the decision of the Hon'ble Apex Court in Ansaar Mohammad Vs. The State of Rajasthan and Anr., 2022 LiveLaw (SC) 599, by the applicant.

6. Per contra, l