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Judgment
Atul Sreedharan, J
Heard.
This is the first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.349/2022 for offences punishable under section 376(2)(N) of IPC registered at Police Station-Hanumantal, District-Jabalpur.
The applicant is seeking anticipatory bail in the aforesaid case. The charge against him is of having committed rape with the prosecutrix. The prosecutrix is a 26 years widow with a child. She says that eight months before the registration of the F.I.R., she had come into contact with the applicant, who promised to marry her and take of her child also and on that basis, the prosecutrix is stated to have allowed the applicant to establish physical relationship with her. The applicant having subsequently resiled from the alleged promise the F.I.R. has been registered. The facts stated above have been narrated in the 164 statement of the prosecutrix.
Learned counsel for the applicant submits that it is a case of consent and the F.I.R. has been registered with a malicious intention of coercing the applicant to marry the prosecutrix.
Be that as it may, in view of what has been discussed and considered hereinabove by this Court, the application is allowed and it is directed that if the applicant is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer. C.C. as per rules.