ORDER

This is the first application under Section 438 of the Cr.P.C filed by the applicant, who is apprehending his arrest in connection with Crime No.164/2024 registered at Police Station Kotwari, District Jabalpur (M.P) for the offence punishable under Sections 376(2)N of IPC, 1860.

2. Learned counsel for the applicant submits that as per version of FIR, the prosecutrix is aged about 21 years and the applicant is aged about 22 years. The applicant and the prosecutrix were in romantic relationship with each other since 2022 and there has been repeated instances of physical relationship between the applicant and the prosecutrix since 20.12.2022. Learned counsel for the applicant further submits that as per the FIR, the physical relationships were under false promise of marriage and in March 2024, ultimately the applicant refused to marry the prosecutrix.

3. Learned counsel for the applicant further submits that the applicant as well as the prosecutrix were in emotional proximity to each other even as per prosecution version in terms of judgment of Hon'ble Apex Court reported in the Case of Dhuruvaram Murlidhar Sonar vs. The State of Maharashtra AIR 2019 SC 327, Pramod