This is an appeal filed before the Supreme Court against an order passed by the Rajasthan High court. The impugned order said that anticipatory bail cannot be provided to the petitioner as its clear from the facts and circumstances of case that the petitioner was in relationship with complainant and made physical relationship on the promise of marry her and out of the relationship a female child was born.

In this case petitioner was in relationship with the complainant from last four years it was admitted by the counsel of the complainant that she was 21 years old when she came in the relationship with petitioner. They lived together for four years and petitioner during that period promised her to marry. But due to change in mind of petitioner, he refused to fulfill his promise, aggrieved by this complainant made the complaint of rape or repeated rape under section 376 IPC against the petitioner. The charges under sec 376, sec506, sec377 of IPC framed against petitioner.

The petitioner approached the high court for anticipatory bail but the court denied and said that the relationship of petitioner on account of promise to marry and complainant stand admitted and out of the said relationship a female child was born. The offence committed by the petitioner is grievous in nature and fit for granting pre arrest bail.

The bench of Justice Hemant Gupta and Vikram Nath heard the appeal filed before them against the order of High court.

The petitioner’s counsel contended before the court that the complainant is already married and made false allegation against the petitioner. She was in consensual relationship with me. Recently complainant got appointed in government job and to fulfill her enmity against petitioner she filed the complaint of rape.

The complainant’s counsel contended that complainant was already divorced and petitioner by making false promise to marry her repeatedly made sexual relationship with her.

The court observed that where the woman is by her choice living with the man in a relationship, and if the relationship is not worked out for two of them, the same cannot be form a ground for filing the complaint of rape against the man. The court granted anticipatory bail to the petitioner and said the investaigation in this case will be continued uninfluenced by the decision of the court of passing pre-arrest bail.

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