Bail granted in alleged rape case citing consensual relationship between adults and absence of criminal antecedents.

The applicant, a 50-year-old gym owner, filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

He was arrested on March 8, 2026, in connection with Crime No. 700/2025 registered at PS Panagar, Jabalpur.

The complainant, a 23-year-old employee at the applicant's gym, alleged that on June 8, 2025, the applicant raped her at Laxmi Resort and threatened her life.

The applicant contended it was a consensual relationship discovered by his wife, leading to a dispute.

Investigation is complete and the charge-sheet has been filed.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the allegations of rape and criminal intimidation while the trial is pending.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail.

It assessed the application based on the gravity of the offence under Sections 64(1) (rape) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court also applied established principles for bail, including the lack of criminal antecedents, the status of the investigation (completion of charge-sheet), the likelihood of the accused fleeing from justice, and the socio-economic roots of the applicant.

The court balanced the State's objection regarding the gravity of the offence and the period the applicant was absconding against the applicant's clean record and family responsibilities.

It noted that since the charge-sheet has been filed, custodial interrogation is no longer required and the trial will take time to conclude.

The court observed that the complainant’s counsel expressed "no objection" to the bail.

Given the applicant's age, socio-economic status, and lack of recidivism, the court determined there was no compelling reason for continued incarceration or apprehension of tampering with evidence, provided stringent conditions were imposed due to his previous period of abscondance.

The grant of bail is subject to conditions including: regular appearance before the trial court, no commission of similar offences, no tampering with evidence or witnesses, and a specific "stringent condition" requiring the applicant to mark his presence at PS Panagar on the first Saturday of every month until the trial concludes.