Anticipatory bail is warranted where a consensual relationship allegedly fails to culminate in marriage.

The applicant apprehended arrest in connection with Crime No. 875/2026 registered at Police Station Civil Line, Bilaspur, for an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that the applicant and the victim, who had become acquainted through Instagram approximately three years earlier, developed a relationship and that the applicant established physical relations with her on the promise of marrying her. When the applicant allegedly refused to marry her after the last such incident on 20.06.2026, the victim lodged the FIR on 23.06.2026.

The applicant contended that the victim was a major and married woman and that their relationship had been consensual. He further relied on an earlier complaint lodged by the victim at Police Station Lalpur concerning the same incident, which resulted in registration of Crime No. 98/2026 under Sections 296, 115(2), 351(3) and 3(5) of the BNS, and referred to the subsequent registration of another case at Civil Lines under Section 69 of the BNS. He also submitted that a charge-sheet had already been filed in the Lalpur case and that custodial interrogation was unnecessary.

The State opposed anticipatory bail on the ground that the applicant had obtained sexual relations with the victim on the pretext of marriage.

1. Whether the applicant was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 69 of the BNS based on an alleged promise to marry.

2. Whether the circumstances—particularly the victim’s majority, the parties’ prior relationship, the allegation of a consensual physical relationship, and the registration of an earlier case concerning the same incident—justified protection from arrest.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing anticipatory bail.

The Court considered the allegation under Section 69 of the BNS concerning sexual relations allegedly induced by a promise to marry.

The governing principle was that anticipatory bail may be granted where, upon consideration of the allegations and surrounding circumstances, custodial arrest is not warranted and the material indicates a prima facie consensual relationship, subject to conditions safeguarding the investigation and trial.

After examining the case diary and hearing the parties, the Court noted that the victim was a major and that she and the applicant had known each other and maintained a relationship in which physical relations were established.

It considered the applicant’s contention that the relationship was consensual and that the subsequent complaint arose when the relationship did not culminate in marriage.

The Court also took into account the surrounding circumstances relied upon by the applicant, including the prior proceedings concerning the same alleged incident and the filing of a charge-sheet in that case.

Without expressing any final opinion on the merits, the Court concluded that the circumstances justified extending anticipatory bail protection.

The Court directed that, in the event of arrest, the applicant be released on anticipatory bail upon furnishing a personal bond and one surety in the like amount to the satisfaction of the arresting officer.

The bail was subject to conditions that he would not influence or threaten witnesses, would not prejudice a fair and expeditious trial, would appear before the trial court on every date, would submit the prescribed Aadhaar and photograph documents for verification, and would not commit a similar offence in future.