Facts
The applicants sought anticipatory bail in connection with Crime No. 8/2026 registered for alleged offences involving kidnapping, assault, and sexual harassment
Source reference: para. 1The complainant alleged that on February 11, 2026, one Ayub forced her off a bus and, accompanied by the two applicants, took her into a forest on a motorcycle with the intent to commit "wrongful acts"
Source reference: para. 2She further alleged that while Ayub assaulted her, the applicants joined him in using criminal force to commit sexual harassment
Source reference: para. 2The defense argued that the victim, a major and a divorcee, was in a consensual relationship with the co-accused Ayub for several years and filed the FIR only after the relationship soured
Source reference: para. 3The State opposed bail, citing the victim's statement recorded under Section 183 of the BNSS and noting a prior criminal antecedent against applicant No. 2, Mansur Ansari
Source reference: para. 4Issues
Whether the applicants are entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the allegations of sexual harassment and the defense of a pre-existing relationship between the victim and the co-accused
Source reference: para. 1, 6Law Applied
Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the framework for seeking bail by persons apprehending arrest
Source reference: para. 1The substantive offences were considered under Sections 137(2), 74, 75(2), and 3(5) of the Bhartiya Nyay Sanhita (BNS), 2023
Source reference: para. 1The court also referenced the evidentiary significance of statements recorded under Section 183 of the BNSS
Source reference: para. 4Reasoning
The court weighed the prosecution's allegations of sexual assault against the defense's assertion of a failed consensual relationship
Source reference: para. 6It observed that the victim is a major and had reportedly been in a relationship with the co-accused, Ayub, for three to four years
Source reference: para. 3, 6The court noted the defense's contention that the FIR was a retaliatory measure following the failure of that relationship
Source reference: para. 3While acknowledging the victim’s statement under Section 183 of the BNSS and the criminal history of one of the applicants, the court determined that the specific facts and circumstances—particularly the maturity of the victim and the context of the prior relationship—favored the granting of anticipatory bail to the applicants
Source reference: para. 6Holding
The Court allowed the anticipatory bail application
It directed that in the event of arrest, applicants Adam Ali and Mansur Ansari be released on bail upon executing a personal bond and one surety to the satisfaction of the arresting officer
Source reference: para. 7The bail was made subject to five specific conditions, including a prohibition against threatening witnesses, a requirement to appear on all trial dates, the submission of verified Aadhaar credentials, and a mandate not to involve themselves in similar future offences
Source reference: para. 7(a)-(e)Original Court PDF
ADAM ALIvsSTATE OF CHHATTISGARH
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