MUKESH KUMAR Vs. STATE

JUDGEMENT

(1.) This anticipatory bail application under Section 438 CrPC has been filed by the petitioner Mukesh Kumar S/o Hari Vallabh apprehending his arrest in connection with F.I.R. No.69/2021 registered at the Police Station Ambamata, Udaipur for the offences under Sections 376 and 384 IPC.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and gone through the impugned order and the challan papers.

(3.) The prosecutrix is a major married woman. She filed a typed report to the Superintendent of Police, Udaipur on 12.02.2021 alleging that the relations between her and her husband became strained and thereafter, she started selling milk and vegetables to sustain herself. The accused Mukesh Kumar used to come to her shop frequently. He took her mobile number and thereafter started alluring her. He also established physical relations with the complainant by giving her a fraudulent assurance of marriage, but later on resiled from his promise. In this manner, the complainant claimed that the accused had fraudulently coerced her into establishing physical relations. Apprehending his arrest in connection with the above FIR, the petitioner has approached this court by way of this bail application under Section 438 CrPC.