Anticipatory bail granted where allegations are general and omnibus, pending trial appreciation of prosecutrix's statements.

The applicant sought his first anticipatory bail after being implicated in Crime No.13/2026 for alleged inappropriate behavior and molestation of the prosecutrix

The prosecution alleged that the applicant, who had an illicit relationship with the victim's mother, molested the victim on 02.12.2025 and continued harassment throughout December 2025

The applicant contended that the allegations were vague, omnibus, and filed with malicious intent after he advised the victim regarding her conduct at her mother’s request

He further asserted there was an unexplained delay in filing the FIR and that the victim had also lodged a complaint against her own mother

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the nature of the allegations and circumstances of the case

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

The substantive charges involved Sections 75(2) (Sexual harassment), 115(2) (Voluntarily causing hurt), 351(3) (Criminal intimidation), and 3(5) (Joint liability/Common intention) of the Bhartiya Nyaya Sanhita, 2023 (BNS)

The court relied on the principle that bail is the rule and jail is the exception, particularly when allegations are general and the investigation is at a preliminary stage

The Court observed that the allegations against the applicant were primarily based on general and omnibus assertions without specific overt acts attributed to him in a detailed manner

It noted that the case rests substantially on the oral testimony of the prosecutrix, which remains a matter of trial appreciation

The Court took into account the applicant's clean antecedents, his status as the sole breadwinner, and the fact that the investigation was in its preliminary stages without specific aggravating circumstances brought on record by the State

Consequently, without commenting on the merits, the Court found the applicant's claim for protection from arrest to be justifiable under the circumstances

The Court directed that in the event of arrest, he be released upon executing a personal bond and one surety subject to conditions, including non-interference with witnesses, regular appearances before the trial court, and a prohibition against committing similar future offenses