Ramesh Sinha, J
1. The applicant has preferred this application under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No.150/2024, registered at Police Station–Tarbahar District – Bilaspur (C.G.), for alleged commission of ofence punishable under Section 376(2)(n) of the Indian Penal Code (In short, IPC).
2. As per the case of the prosecution, the applicant and victim are acquainted to each other and the applicant has committed sexual intercourse with the complainant in the pretext of marriage since 17.04.2023 until 03.03.2024. It has been further alleged that the applicant refused to marry with the victim and went to Indore along with his grandmother. Thereafter, on the basis of the written complaint by the complainant dated 29.05.2024, the police have registered an ofence under Section 376(2)(n) of IPC against the applicant.
3. Learned counsel for the applicant submits that the applicant has not committed any ofence punishable with death or imprisonment of life and the applicant has falsely been implicated in the aforesaid case. The story of the prosecution itself appears to be concocted in nature and there is no reason to believe such baseless story. The applicant and victim are well acquainted to each other and the applicant has not committed any forceful sexual intercourse with the victim and it was all consensual. He further submits that the parents of the applicant is no more and his 82 years old grand mother is dependent upon him for health and medical checkups. The applicant and her grandmother were ready for the marriage after she got to know about the relation of the applicant and victim and they also went to meet victim’s family member but they started forcing the applicant and his grandmother for marriage according to rituals but the applicant was not well of and working therefore, he asked for Court marriage for which the family of victim denied and asked to arrange for the function of marriage in accordance with rituals but the applicant is not capable to organize for such function and he asked them for some time so that he can get job and marry her but the family of victim started harassing the applicant upon which he got scared and stopped talking with the victim. He further submits that it is a clear case whereby the victim is trying to misuse the law which has been structured for the protection of women. The applicant is being harassed by way of instant F.I.R and the instant F.I.R has been registered by way of political inluence, when the applicant was not available at home victim went to his house and broke the lock and entered the house and the said incident was reported to the police. He further submits that the applicant is ready to abide by all the directions and conditions, which may be imposed by this Court while granting bail.
4. On the other hand, learned State counsel appearing for the non-applicant would oppose the grant of anticipatory bail of the applicant.
5. I have heard learned counsel for the parties and perused the impugned order passed by the learned trial Court.
6. The statement of the victim who was aged about 22 years was recorded under Section 164 of CrPC before the concerned Magistrate, in which she has stated that the applicant has committed sexual intercourse on her on the pretext of Marriage.
7. Taking into consideration the facts and circumstances of the case, the allegation levelled against the applicant and the fact that the applicant had made physical relationship with the victim on the pretext of marriage and thereafter, he denied to marry with her, I am not inclined to grant anticipatory bail to the present applicant.
8. Accordingly, the anticipatory bail application of the applicant – Amol Lakhra alias Joy, iled under Section 438 of Cr.P.C. involved in Crime No.150/2024, registered at Police Station–Tarbahar District – Bilaspur (C.G.), for alleged commission of ofence punishable under Section 376(2)(n) of IPC, is rejected.
