Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Rape case—By an order, while issuing notice in the present appeal by special leave, interim protection granted to the appellant—Case made out by the appellant is that this is a case of consent—He relies upon the CDR which indicate that there were a number of calls made inter se the appellant and second respondent, the informant/alleged victim—Keeping in view the facts and circumstances of the present case, the interim order is confirmed and it is directed that appellant be released on anticipatory bail on the terms and conditions to be fixed by the trial court—Appeal allowed.
[Paras 3 & 4]