Anticipatory bail granted where long-term consensual relationship failed to materialize into marriage.

The applicant filed a first anticipatory bail application apprehending arrest in connection with Crime No. 86/2026 for the offence punishable under Section 64(2)(M) of the Bhartiya Nyaya Sanhita (BNS).

The prosecution alleged that the applicant maintained physical relations with the victim on a pretext of marriage from July 2015 to January 2026.

In January 2026, the applicant refused to marry the victim, citing religious differences and family objections.

The victim lodged the FIR after learning that the applicant’s marriage was being settled elsewhere.

The applicant contended that the victim is a major, the friendship lasted eleven years, and the relationship was entirely consensual.

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the long-term consensual nature of the relationship.

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

Substantive offence under Section 64(2)(M) of the Bhartiya Nyaya Sanhita (BNS), regarding sexual intercourse by deceitful means.

Procedural requirement of the victim’s statement recorded under Section 183 of the BNSS.

The Court examined the facts and the materials on record, specifically the victim’s statement recorded under Section 183 of the BNSS.

It noted that the victim is a major and had been in a friendship with the applicant since 2015.

The Court observed that the parties had established a consensual relationship over a period of approximately eleven years.

The Court reasoned that the present FIR was lodged primarily because the relationship failed to materialize into marriage.

Given the consensual nature of the long-term relationship and the fact that the applicant has a permanent residence with no likelihood of absconding, the Court found it fit to grant protection from arrest.

The holding was predicated on the finding that the relationship was consensual and of a long duration.

The Court imposed several conditions, including that the applicant must not induce or threaten witnesses, must appear before the trial court on all dates, and must submit verified Aadhaar details with a postcard-sized photograph to the trial court.