RISHABH NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.68/2021 registered at Police Station Mahila Thana, District Baran for the offence under Sec. (s) 376, 376(1) and 376(2)(n) of IPC.

(2.) Learned counsel for the petitioner submits that from the FIR, no offence under Sec. 376 is made out inasmuch as the petitioner aged 24 years and the prosecutrix aged 28 years, a teacher/choreographer, were in relationship for more than last four years. He submits that as per the allegation in the FIR, on the assurance extended by the petitioner to marry her, consensual sex took place between them. He submits that the FIR is bereft of any allegation that from very inception, promise of marriage was false. Relying on the judgments of the Hon'ble Apex Court of India incases of Criminal Appeal No.1165/2019 (@SLP (Crl.) No.2712/2019): Pramod Suryabhan Panwar Vs. The State of Maharashtra and Anr., decided on 21/8/2019 and Criminal Appeal No.233/2021 (Arising our of SLP (Crl.) No.11218/2019): Sonu @ Subhash Kumar Vs. State of Uttar Pradesh and Anr., decided on 1/3/2021, learned counsel submitted that since no case is made out against the petitioner, he may be extended benefit of pre-arrest bail.

(3.) Learned Public Prosecutor has opposed the prayer.