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Judgment
This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant apprehending his arrest in connection with
Crime No. 241/2017 registered at Police Station City Kotwali, Bilaspur (C.G.) for the offence punishable under Sections 376, 420/34 IPC
As per the prosecution case, a complaint was made by the victim that she was working in a hospital as a nurse, wherein the present applicant came
for some treatment thereafter the relation developed and the victim was assured to be provided with job in the Railways. In such continuation she was
taken for some interview to Puri, wherein the applicant committed sexual intercourse against her will.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case, in fact, a report with regard to some
monetary transaction was made by the victim, but thereafter false allegations of rape has been alleged, therefore, he prays that the applicant may be
given the benefit of anticipatory bail.
Per contra, learned State counsel opposes the prayer for grant of anticipatory bail.
I have perused the statement of the victim, which shows that apart from taking money to provide job, she was subjected to sexual exploitation.
Considering the same, I am of the opinion that it is not a case where the benefit of Section 438 Cr.P.C. can be granted to the applicant. Accordingly,
the anticipatory bail application is dismissed.