Anticipatory bail granted where sexual harassment allegations involve a major victim and prior consensual relationship.

The applicant filed his first anticipatory bail application in connection with Crime No. 8/2026 involving charges of kidnapping, assault to outrage modesty, and sexual harassment

The complainant alleged that the applicant harassed her via telephone and, on February 11, 2026, forced her to disembark from a bus at Manikpur

She further alleged that the applicant, along with co-accused Adam Ali and Mansoor Ansari, forcibly took her to a forest on a motorcycle to commit sexual harassment, from which she eventually escaped

The applicant contended that the allegations were false, claiming the parties were relatives in a consensual relationship that soured over a monetary dispute

The applicant also cited the principle of parity, noting that the co-accused had already been granted anticipatory bail by the High Court

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, based on the nature of the allegations and the principle of parity with co-accused?

The Court primarily applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for the direction for grant of bail to a person apprehending arrest

Substantively, the Court considered the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 137(2) (Kidnapping), Section 74 (Assault or use of criminal force to woman with intent to outrage her modesty), Section 75(2) (Sexual harassment), and Section 3(5) (Acts done by several persons in furtherance of common intention)

Additionally, the Court relied on the judicial principle of parity in bail matters

The Court observed that the victim is a major and found merit in the submission that the parties shared a prior consensual relationship

The Court noted that the FIR appeared to have been lodged following the failure of the relationship to "materialize"

Crucially, the Court weighed the fact that co-accused Adam Ali and Mansoor Ansari had already been granted anticipatory bail by the same Court in M.Cr.C. (A) No. 496 of 2026 on April 6, 2026

Based on these factors, along with the applicant's lack of flight risk and permanent residency, the Court determined that custodial interrogation was not warranted

It directed that in the event of arrest, the applicant be released on bail upon executing a personal bond with one surety

The holding was made subject to several conditions: the applicant must not influence witnesses, must not commit similar offenses, must attend all trial dates, and must provide verified Aadhaar and photographic identification to the trial court