Sanjeev Prakash Sharma, J. - (1.) Instant second bail application has been filed by the petitioner palpably on the ground that there is change of circumstances as the charge-sheet has been filed by the Police against him under Section 376, 498-A, 323, 406, 506 IPC.
(2.) The first bail application was rejected by this Court vide order dated 07/04/2020 observing as under:- "Taking into consideration the allegations made in the FIR which show that the petitioner, who is a lawyer by profession, has obtained an ex-parte decree of divorce, and also beaten up the lady. It is also alleged that the petitioner has entered into illicit relationship with another women, he has after obtaining divorce on 1.4.2015 had illegally and forcefully sexual relationship with the prosecutrix, who has lodged an FIR alleging offence against the petitioner and other family members under Sections 498A, 406, 323, 377, 506, 494 and 120-B IPC. Learned counsel for the complainant has also submitted that the offence under Section 376 is also prima facie made out and investigation is under way. Keeping in view the allegation levelled against the accused petitioner, I do not find that it is a fit case to release the accused petitioner on bail under Section 439 CrPC. The bail application is accordingly dismissed."
(3.) Learned counsel for the petitioner has again argued the case on merits and submitted that the petitioner is in custody since 27/02/2020 and the ex-parte divorce decree granted to the petitioner has been set aside by the concerned Court. Learned counsel further submitted that under a compromise the petitioner had given the prosecutrix an amount of Rs.27 Lac and the prosecutrix was causing physical and mental cruelty to the petitioner on account of which the petitioner had moved the divorce petition. Learned counsel further submitted that since the ex-parte decree has been set aside, the prosecutrix becomes his wife of the petitioner and therefore, the provisions of Section 375 IPC shall not apply and at best it can come within the ambit of provisions of Section 376-B IPC which is a bailable offence and therefore, the petitioner ought to be released on bail. Learned counsel relied on the judgment of the Supreme Court rendered in Ravinder Kaur Vs. Anil Kumar, 2015 8 SCC 286 to submit that in similar circumstances and the facts, the Court had noticed that if ex-parte divorce decree has been passed and the same is set aside, the matrimonial relations between husband wife shall have tobe restored. 3. Learned Public Prosecutor opposed the bail application.;