Anticipatory bail granted where major victim’s consensual relationship resulted in FIR following refusal to marry.

The Applicant filed an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, apprehending arrest for offences under Sections 62(2)(m), 69, 296, and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The victim alleged that after meeting the Applicant on Instagram and receiving a marriage proposal, they engaged in physical relations in October 2025 at a hotel in Bilaspur.

She further alleged that the Applicant caused a miscarriage using abortion pills after she became pregnant and subsequently refused to marry her.

The Applicant contended that the victim is an adult, the relationship was consensual, and the FIR was filed solely due to the refusal to marry.

Whether the Applicant is entitled to the protection of anticipatory bail under Section 482 of the BNSS, 2023, considering the allegations of sexual intercourse on the pretext of marriage.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant bail to a person apprehending arrest.

The Court considered the substantive offences under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 69, which pertains to sexual intercourse by deceitful means or a promise to marry.

The Court adhered to the principle that in cases involving consensual relationships between adults, where the primary grievance is a subsequent refusal to marry, the necessity for custodial interrogation is significantly diminished.

The Court analyzed the facts and circumstances, observing that the victim is a major and was a "consenting party" to the relationship.

It weighed the Applicant’s argument that the FIR was a retaliatory measure for his refusal to marry against the prosecution's allegations of deceit.

The Court noted that the trial would likely be prolonged and that the consensual nature of the engagement between two adults favored the grant of bail.

Consequently, the Court found no justification for custodial detention at this stage, provided the Applicant complied with specific judicial conditions to ensure the integrity of the trial process.

It 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 five conditions: (a) no inducement or threats to witnesses; (b) no prejudice to the fair trial; (c) regular appearance before the trial court; (d) submission of Aadhaar verification; and (e) no involvement in similar future offences.