Anticipatory bail granted where a major girl’s consensual relationship failed to materialize into marriage

The applicant sought anticipatory bail regarding Crime No. 103/2026 registered at Police Station Balko Nagar for an offence under Section 69 of the Bhartiya Nyay Sanhita (BNS), 2023.

The prosecution alleged that between 2023–2024, the applicant established physical relations with the prosecutrix by force and threats, and deceitfully performed a marriage at Arya Samaj Temple to avoid legal consequences before eventually deserting her.

The applicant contended that the relationship was consensual between two adults (the victim being 29 years old) and that the FIR was lodged only after the relationship failed to materialize into a permanent union.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering 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.

Section 69 of the Bhartiya Nyaya Sanhita (BNS), 2023, which penalizes sexual intercourse by "deceitful means" or making a promise to marry without intention to fulfill it.

Procedure for recording the victim's statement under Section 183 of the BNSS.

The court examined the statement of the victim recorded under Section 183 of the BNSS and noted that she is a major (29 years old).

It observed that the applicant and the victim had been in contact since 2023 and had developed what appeared to be a consensual relationship.

The court reasoned that since the FIR was lodged only after the relationship could not materialize, and considering the age of the victim and the nature of the association, the custodial interrogation of the applicant was not warranted.

The court further noted the applicant's undertaking to cooperate with the trial and his status as a permanent resident, which mitigated the risk of absconding.

It held that in the event of arrest, the applicant shall be released on a personal bond and one surety, subject to conditions including: non-interference with witnesses, regular appearances before the trial court, submission of verified Aadhaar details, and an undertaking not to involve himself in similar future offences.