ORDER

Heard and perused the case diary.

1. This is first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail who is apprehending his arrest in relating to F.I.R. No.711/2023 dated (not mentioned), registered at Police Station-Raoji Bajar District-Indore for the offence punishable under section 376, 376(2)(n), 323, 506, 384 of IPC, 1860.

2. Applicant is apprehending her arrest in the aforesaid offence, has knocked the portal of this Court for grant of anticipatory bail.

3. As per prosecution case, the complainant namely Madhu Chouhan and her husband Ajay reached to the police station and filed a written complainant against the applicant by submitting that the applicant and the complainant known to them through social media and became friends, they started chating with each other and exchanged their phone numbers. The applicant intimated to the complainant that on 26.7.2022, he is coming to Indore but he is not having amount and taken Rs.15000/- from the complainant on a promise to return her after being reached to Indore. He asked her to take the amount, therefore the complainant called him to the house of her friend where the applicant given her some toxic substance in water and committed rape upon her against her will and taken some photographs also and threatened her not to tell about the incident to anyone otherwise he will viral the photographs. Thereafter, the applicant black mailed her continuously, demanded amount from her, he called her to Mumbai and repeatedly committed rape upon her at various placed i.e. Jabalpur, Mumbai and Goa also on the pretest of viral the photographs. She has not raised to anyone alarm due to damage of reputation in society. Hence, the police has lodged the FIR against the applicant.

4. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The prosecutrix is a major and married lady and she is consenting party. The complainant alongwith her son has used to travel with the applicant from Indore to Jabalpur and stayed in the same hotel, the complainant and the applicant was well acquainted with each other therefore, she herself had gone to Goa to meet and hand over the amount of Rs.2/- lacs to the applicant. It is further submitted that the applicant himself has sent Rs.14/- lacs to the complainant and there is nothing on record to show that the applicant has committed any act against the complainant against her will. It is also submitted that the complainant herself has called the applicant to her friend's house because they were friends. The dispute between both the parties are only the financial transaction due to which the applicant has been implicated in the present case. The FIR has been lodged belated and no plausible explanation has been given for the said delay. The applicant is a businessman and indulged in the business, he is ready to abide all the conditions as may be imposed by this Court. Therefore, he may be enlarged on anticipatory bail.

5. To bolster his contentions, counsel for the applicant place reliance over the judgment of co-ordinate Bench of this Court (Gwalior Bench) passed in the case of Balveer Singh Bundela v. State of Madhya Pradesh (MCRC No.5621/2020) decided on 12.5.2020, whereby the Co-ordinate bench has considered the application under section 438 of Cr.P.C. and granted bail to the applicant therein.

6. Counsel for the State has opposed the prayer for bail by submitting that the applicant has committed rape upon the prosecutirx and taken the amount from the prosecutrix by black mailing her.

7. On the other hand, counsel for the objector has submitted that this is case for anticipatory bail, the applicant has committed repeated rape upon the prosecutrix and by black mailing her, taken huge amount from the complainant threatening her that he will viral the photographs. It is further submitted that even after such incident, the applicant is regularly thr