Anticipatory bail granted as consensual relationship between consenting adults does not constitute sexual exploitation by deceit.

The applicant sought anticipatory bail regarding Crime No. 19/2026 registered at Women Police Station, Raigarh

The prosecution alleged that the applicant entered a relationship with the victim in December 2024 through social media and repeatedly engaged in physical relations under a false promise of marriage

It was further alleged that the applicant later assaulted and confined the victim in Bilaspur

The applicant contended that the prosecutrix is a major and educated woman, the relationship was entirely consensual, and the FIR was lodged with unexplained delay following the breakdown of the relationship

The trial court had previously rejected the applicant’s anticipatory bail plea

1. Whether the applicant is entitled to the protection of anticipatory bail under the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations and the consensual history of the parties

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of anticipatory bail

Sections 69 (sexual intercourse by deceitful means), 115(2) (voluntarily causing hurt), and 127(2) (wrongful confinement) of the Bhartiya Nyaya Sanhita (BNS)

Statement of the victim recorded under Section 183 of the BNSS

The court evaluated the materials on record, specifically the victim’s statement under Section 183 BNSS, noting that the victim is an adult

The court observed that the parties had been in contact since 2024 and had established a relationship that appeared to be consensual

The Court reasoned that the criminal complaint was triggered only after the relationship "could not materialize"

Due to the consensual nature of the long-term relationship and the absence of clear evidence of initial deception or likelihood of the applicant absconding, the Court found the applicant's custodial interrogation unnecessary

The court held that if arrested, the applicant shall be released upon executing a personal bond and providing one local surety subject to conditions such as non-interference with witnesses, regular appearance before the trial court, submission of Aadhaar credentials, and prohibition against committing similar offences