1

REVISED

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.962 OF 2022

(@ SLP(CRL.) No.5326 OF 2022)

ANSAAR MOHAMMAD APPELLANT(S)

VERSUS

THE STATE OF RAJASTHAN & ANR.

RESPONDENT(S)

O R D E R

Leave granted.

The challenge in the present appeal is to an order

passed by the High Court on 19.05.2022 whereby, an

application for pre-arrest bail under Section 438 of the

Code of Criminal Procedure, 1973 for the offences under

Sections 376(2)(n), 377 and 506 IPC was dismissed.

It is the admitted case of the complainant that she

was in a relationship with the appellant for a period of

four years. It is admitted by Mr. Himanshu Sharma, learned

counsel for the respondent No.2/complainant that when the

relationship started, she was 21 years of age.

In view of the said fact, the complainant has been

staying willingly with the appellant and had the

relationship. Therefore, now if the relationship is not

Digitally signed by

SWETA BALODI

Date: 2022.07.16

12:25:17 IST

Reason:

Signature Not Verified

2

working out, the same cannot be a ground for lodging an FIR

for the offence under Section 376(2)(n) IPC.

Consequently, we allow the present appeal and set

aside the order of the High Court.

In the event of arrest, the appellant shall be

admitted to bail to the satisfaction of the Arresting

Officer and that the appellant shall co-operate in the

pending investigation.

It is made clear that the observations in the present

order are only for the purposes of deciding the pre-arrest

bail application. The investigation shall proceed

uninfluenced by the observations made in the present order.

Pending application(s), if any, also stand disposed

of.

……………………………………………………J.

[HEMANT GUPTA]

……………………………………………………J.

[VIKRAM NATH]

NEW DELHI;

14^th JULY, 2022

3

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.962 OF 2022

(@ SLP(CRL.) No.5326 OF 2022)

ANSAAR MOHAMMAD APPELLANT(S)

VERSUS

THE STATE OF RAJASTHAN & ANR.

RESPONDENT(S)

O R D E R

Leave granted.

The challenge in the present appeal is to an order

passed by the High Court on 19.05.2022 whereby, an

application for pre-arrest bail under Section 438 of the

Code of Criminal Procedure, 1973 for the offences under

Sections 376(2)(n), 377 and 506 IPC was dismissed.

It is the admitted case of the complainant that she

was in a relationship with the appellant for a period of

four years. It is admitted by Mr. Himanshu Sharma, learned

counsel for the respondent No.2/complainant that when the

relationship started, she was 21 years of age.

In view of the said fact, the complainant has

willingly been staying with the appellant and had the

relationship. Therefore, now if the relationship is not

4

working out, the same cannot be a ground for lodging an FIR

for the offence under Section 376(2)(n) IPC.

Consequently, we allow the present appeal and set

aside the order of the High Court.

The appellant is ordered to be released on bail to

the satisfaction of the competent authority.

It is made clear that the observations in the present

order are only for the purposes of deciding the pre-arrest

bail application. The investigation shall proceed

uninfluenced by the observations made in the present order.

Pending application(s), if any, also stand disposed

of.

……………………………………………………J.

[HEMANT GUPTA]

……………………………………………………J.

[VIKRAM NATH]

NEW DELHI;

14^th JULY, 2022

5

R E V I S E D

ITEM NO.36 COURT NO.9 SECTION II

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5326/2022

(Arising out of impugned final judgment and order dated 19-05-