Anticipatory bail granted where major parties’ consensual relationship failed to materialize into marriage under Section 69 BNS.

The applicant, a 42-year-old laborer, sought anticipatory bail regarding Crime No. 442/2025 registered at Police Station Pali for an offence under Section 69 of the Bhartiya Nyaya Sanhita (BNS)

The prosecutrix, a married woman with a child, filed a written report on December 17, 2025, alleging that the applicant engaged in sexual intercourse with her on the pretext of marriage between November 28, 2023, and November 30, 2025

The applicant contended that the relationship was consensual, arising from a love affair, and clarified via affidavit that the criminal antecedents mentioned in the lower court's rejection order did not pertain to him

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) given the allegations of sexual intercourse on the pretext of marriage

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

Section 69 of the Bhartiya Nyaya Sanhita (BNS), which criminalizes sexual intercourse by deceitful means or through a false promise of marriage

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

The Court evaluated the facts and circumstances alongside the victim’s statement recorded under Section 183 BNSS

The Court observed that the prosecutrix is a major lady who entered into a relationship with the applicant

The Bench noted that the parties had established a consensual relationship, and the First Information Report (FIR) appeared to have been lodged only after the relationship failed to materialize into marriage

Given that the applicant is a permanent resident and undertook to cooperate with the investigation, the Court found the element of "pretext" insufficient at this stage to warrant custodial interrogation

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond with one surety

The grant of bail was made subject to conditions, including: (a) non-interference with witnesses; (b) cooperation with a fair trial; (c) regular appearance before the trial court; (d) verification of Aadhaar and identity details; and (e) refraining from committing similar offences in the future