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2022 DIGILAW 1064 (SC)

Ansaar Mohammad v. State of rajasthan

2022-07-14

HEMANT GUPTA, VIKRAM NATH

body2022
ORDER : Leave granted. 1. 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. 2. 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. 3. 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 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. 4. 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. 5. 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. 6. Pending application(s), if any, also stand disposed of.