Anticipatory bail granted in consensual relationship where married victim alleged sexual exploitation on false marriage pretext.

The applicant sought anticipatory bail regarding Crime No. 31/2026 registered at P.S. Sakti for alleged offenses under the Bhartiya Nyaya Sanhita (BNS).

The victim filed a written report alleging that the applicant engaged in sexual intercourse with her on the pretext of marriage at various locations between May 2025 and November.

The applicant contended that the victim was a married woman with children who voluntarily left her husband to live with him, and the relationship was consensual.

After the relationship failed to materialize into marriage, the FIR was lodged alleging sexual exploitation.

Whether the applicant is entitled to the benefit of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the consensual nature of the relationship and the marital status of the victim.

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

Section 64(2)(m) (pertaining to rape/sexual assault) and Section 351(2) (pertaining to criminal intimidation) of the Bhartiya Nyaya Sanhita (BNS).

Evidentiary value of the victim's statement recorded under Section 183 of the BNSS.

The Court examined the materials on record, specifically the victim’s statement under Section 183 BNSS and noted that the victim was a married woman with children who had voluntarily vacated her matrimonial home to reside with the applicant.

The Court observed that the physical relationship appeared to be consensual in nature rather than coerced and reasoned that the criminal complaint was initiated only after the relationship failed to materialize into marriage.

Given the consensual nature of the history and the fact that the applicant is a permanent resident with no likelihood of absconding, the Court found the case fit for anticipatory bail.

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond and one surety, subject to conditions including: non-interference with witnesses, regular appearance before the trial court, submission of Aadhaar credentials for verification, and abstaining from similar offenses in the future.