Anticipatory bail granted in consensual relationship between adults despite allegations of false promise of marriage.

The applicant sought anticipatory bail regarding Crime No. 30/2026 involving allegations of rape on the false pretext of marriage under Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita (BNS).

The prosecutrix alleged that the applicant established a forceful physical relationship on 10/03/2022 under a promise of marriage, which continued until 06/01/2026.

The prosecutrix filed an FIR on 18/03/2026 after the applicant allegedly avoided the marriage and switched off his phone.

The applicant contended the relationship was consensual and long-term (four years), and the prosecutrix filed an affidavit stating she had no objection to the grant of bail.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the allegations of sexual intercourse on the pretext of marriage.

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court’s power to grant anticipatory bail.

Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita (BNS), pertaining to punishment for rape and sexual intercourse by deceitful means/false promise to marry.

The ratio in Khamendra Sahu v. State of C.G. (MCRCA No. 1371 of 2024), which establishes that anticipatory bail may be granted in instances of consensual relationships between adults that do not culminate in marriage.

The Court observed that both the applicant and the victim were adults ("majors") who were known to each other and engaged in a long-term consensual relationship spanning approximately four years.

The Court reasoned that the physical relationship was established during this period and the FIR was lodged only after the relationship failed to culminate in marriage.

Highlighting the voluntary nature of the association between consenting adults, the Court noted that the prosecutrix herself filed a sworn affidavit expressing no objection to the bail.

Consequently, the Court found that the essential ingredients of the alleged offences were not sufficiently satisfied to warrant pre-trial incarceration.

In the event of arrest, the applicant shall be released on a personal bond with one surety, subject to conditions including non-interference with witnesses, regular appearances before the trial court, and submission of verified identification (Aadhaar/photograph).

The Court concluded that the circumstances justified bail as the matter appeared to be a consensual relationship rather than one based on deceit from the inception.