Mohammad had moved the top court after the 

Rajasthan High Court had rejected his

application for anticipatory bail under Section 438 of the Code of Criminal Procedure
(CrPC) stating "It is an admitted position that petitioner had made the relation with
complainant by promising to marry her and due to their relation, one female child
was born. So, looking to the gravity of offence, I do not consider it a fit case to
enlarge the petitioners on anticipatory bail. Hence, the anticipatory bail application is
dismissed," the Rajasthan High Court had observed in its May 19, 2022 order while
refusing to grant pre-arrest bail.

In a case that can change laws for two people living together, the Supreme Court had
noted that a woman who has been willingly living with a man and is in a relationship
with the same person cannot eventually file a rape case, if the relationship turns
‘sour’.

The decision was given by bench of Justices Hemant Gupta and Vikram Nath in the
Ansaar Mohammad versus State of Rajasthan case.  The judges granted anticipatory
bail to Mohammad who was accused of rape, unnatural offences and criminal
intimidation.

"The complainant has willingly been staying with the appellant and had the
relationship. Therefore, now if the relationship is not working out, the same cannot
be a ground for lodging an FIR for the offence under Section 376(2)(n) IPC," the order
said.

The Court allowed the appeal and set aside the order of the Rajasthan High Court that
denied pre-arrest bail to the appellant.
"The appellant is ordered to be released on bail to the satisfaction of the competent
authority," recorded the Bench.