Bail Denied in Rape Case Despite Allegations of Consent and Wage Disputes Due to MLC Evidence of Struggle

The applicant, a contractor, was arrested on 28.01.2026 in connection with Crime No. 02/2026 for allegedly committed rape.

The complainant (victim), a co-worker, alleged that on 26.01.2026, while she was alone and unwell in her room, the applicant forcibly established physical relations and fled when she screamed.

The applicant sought regular bail, contending the relationship was consensual and that he was seen in a compromising position by his daughters and the victim’s friends.

Conversely, the applicant's bail application also suggested false implication due to a wage dispute.

A charge-sheet has been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of rape and the nature of the evidence on record.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court’s power to grant bail.

Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines and punishes the offence of rape.

Weight of statements recorded under Section 161 of the Cr.P.C. (investigatory statements) and Section 183 of the BNSS (statements before a Magistrate).

The Court noted the gravity of the allegations and found that the Medico-Legal Case (MLC) report corroborated the victim's claim of force, as an abrasion was found on her chest.

In her statement under Section 183 BNSS, the victim maintained that the applicant committed rape in the absence of others.

The Court highlighted material contradictions in the applicant’s defense: while the counsel argued the relationship was consensual and discovered by witnesses, the written grounds in the bail application (para 6.1) claimed false implication due to a dispute over payment of wages.

Given these inconsistencies and the corroborative medical evidence, the Court determined that the nature of the offence outweighed the factor of the applicant's duration in custody.

The bail application was rejected at this stage.

However, the trial Court was granted liberty to proceed and conclude the trial expeditiously.