This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioner is the accused in Crime No. 541/2024 of Vellayil Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 69 and 138 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS).

3. The prosecution case is that parents of the victim and the petitioner had decided upon the marriage of the petitioner and the victim. Thereafter, the petitioner contacted the victim on Instagram. The facts being so, on 26.11.2024, at 1.30 am, the petitioner took the victim from the premises of the house situated in Kozhikode Taluk, Panicker Road in a car and committed rape on her in room No. 218 of Vinayaka Hotel, Palayam. Thereafter, he withdrew from his promise to marry her. Hence, it is alleged that the accused committed the offences.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that the admitted prosecution case is that the victim accompanied the petitioner at about 1.30 am on 26.11.2024 and stayed in a hotel at Kozhikode. Thereafter, she was dropped at her house at about 5 o' clock