Anticipatory bail granted for Section 69 BNS where consensual relationship between adults failed to materialize.

The applicant and the complainant (aged 31) met through a matrimonial website and developed a relationship based on the applicant's promise of marriage

The prosecution alleged that the applicant stayed at the victim's house in October 2025 and maintained a physical relationship with her until December 2025

Following the applicant's refusal to marry her and the subsequent fixing of his marriage elsewhere, the complainant lodged an FIR (Crime No. 88/2026) at Police Station Baikunthpur

The applicant sought anticipatory bail, contending the relationship was consensual and the FIR was a retaliatory measure for the marriage not materializing due to a horoscope mismatch

Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in the context of an alleged offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the procedure for the grant of bail to persons apprehending arrest

Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines and penalizes sexual intercourse by employing deceitful means or making a promise to marry without the intention of fulfilling it

The court also referred to the evidentiary value of the victim's statement recorded under Section 183 of the BNSS

The court analyzed the nature of the relationship between the parties and the victim's capacity for consent.

It noted that the victim is a major (31 years old) and had entered into a prolonged relationship with the applicant after meeting on a matrimonial site

Upon perusing the victim's statement under Section 183 of the BNSS, the court observed that the relationship appeared to be consensual in nature

The court reasoned that the FIR was lodged specifically when the relationship failed to culminate in marriage, rather than at the outset of the physical intimacy

Consequently, the court found that the circumstances did not warrant custodial interrogation, as the applicant was a permanent resident with no immediate likelihood of absconding

The court held that the applicant be released on bail in the event of arrest upon executing a personal bond and one surety, subject to several conditions: (a) the applicant must not induce or threaten witnesses; (b) he must not prejudice the trial; (c) he must appear before the trial court on all scheduled dates; (d) he must provide verified identification (Aadhaar); and (e) he must not involve himself in similar future offences