ORAL ORDER

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR being C.R. No. (Part-A) (CR- I) 11210004211671 of 2021 registered with Amroli Police Station, Surat for the offences punishable under Sections 376(2)(n), 294(B) and 506 of IPC.

2. Brief facts giving rise to present application is that the FIR for the offences of rape and criminal intimidation, came to be registered on 24.05.2021, against the applicant with Amroli Police Station, City Surat. The original informant, who is victim, alleged that before one year of the incident, she was residing with her husband and was working as Class-IV employee of Municipal Corporation. Both the husband and wife met the applicant herein at the SBI Bank, where, he was working as a Loan Agent. Rs.4 lakhs as loan amount sanctioned by the Bank with the help of the applicant herein. The applicant and victim developed their relationship by exchanging their views on mobile. Due to some domestic dispute with the husband, the victim shared the incident with the applicant herein. On this occasion, the applicant herein said that, since many years his wife residing separately and now, due to love and affection, he intents to marry her and he will keep happy. Based on this promise, the victim decided to reside separately from her husband and stayed at the sister’s house. It is alleged that on 27.10.2021, the applicant herein came at her sister’s house and demanded for physical relationship, however, the victim refused it and insisted for marriage. The applicant herein promised her that he is yet to get divorce, however, he will certainly give divorce to his wife and then, remarry with her. Based on this promise, physical relationship was taken place between the parties and thereafter 2 times, parties were met at the sister’s house and maintained their physical relationship. It is alleged that on 15.05.2021, the husband of the victim raised the issue with the victim about relationship maintained by her with the applicant. On 16.05.2021, the applicant herein came at the work place of the victim and he was appraised about the dispute by the husband and therefore, victim had insisted him to arrange for the marriage. At the place, the applicant herein annoyed by the demand of marriage and using filthy language refused to marry to the victim. In this background facts, the victim approached the Amroli Police Station with an application alleging aforesaid facts of incident stating that under the guise of promise to marry, the applicant herein took disadvantage of the situation and committed an offence of rape repeatedly.

3. Heard learned counsel Manan V. Patel for the applicant. He submitted that the victim has lodged a false and frivolous FIR against the applicant herein; that upon perusal of the contents of the FIR, it shows that the story put forth by the victim is prima-facie seems to be unreasonable, concocted and there is smack of malafide; that no offence is made out of rape, as the applicant never forced the victim for physical relationship and consensual; that the victim aged about 33 years of age, having adequate intelligence to understand the act, for which she had participated voluntarily; that the FIR has been filed with ulterior motive to harass and extract money from the applicant for which, the applicant preferred a complaint before the Athva Line Police Station, Surat on 19.05.2021 against the victim; that the applicant is a reputed person in the society and have cooperated the investigation and is not likely to run away and therefore, in the facts of present case, his custodial interrogation is not necessary.

4. In the aforesaid facts, placing reliance on the case of Sonu @ Subhashkumar Vs. State of Uttar Pradesh, (2021) Law suit SC, 163, contended that the victim was aware about the facts that the applicant herein is a married person. Despite of this facts, she