Anticipatory bail denied in view of the allegations’ gravity, the applicant’s role, and the investigation’s stage.

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 322/2026, registered at Police Station Chunabhatti, Bhopal, for an alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that the applicant had physical relations with the prosecutrix on a promise of marriage. The applicant argued that both were adults, their marriage had been fixed, and he had been falsely implicated; the objector submitted that he later refused to marry her after his engagement. The State opposed bail, citing the gravity of the allegations and the need for custodial interrogation.

This was the applicant’s first anticipatory-bail application.

Whether the applicant was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations, his attributed role, and the stage of investigation.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to grant anticipatory bail.

The court relied on Srikant Upadhyay v. State of Bihar, (2024) 12 SCC 382, for the principle that anticipatory bail is not a rule and must be granted through cautious, case-specific judicial discretion; protection in serious cases may risk hampering investigation or affecting evidence.

It also relied on Tusharbhai Rajnikantbhai Shah v. Kamal Dayani, (2025) 1 SCC 753, which cautions that anticipatory bail should not be granted routinely and requires circumspection.

After considering the parties’ submissions, the case diary, and the other material on record, the Court assessed the nature and gravity of the allegations, the role attributed to the applicant, and the stage of investigation.

It concluded that these circumstances did not justify exercising the discretionary power to grant anticipatory bail. The Court therefore declined relief without making a separate determination on the merits of the competing accounts of the alleged promise of marriage.

The Court dismissed the application.