Bail granted in alleged sexual assault where long-term acquaintance and photographs suggested a consensual relationship.

The applicant sought regular bail following his arrest on February 5, 2026, in connection with Crime No. 84/2026.

The prosecutrix alleged that on January 7, 2026, the applicant entered her house while she was alone and forcibly established physical relations.

The FIR was lodged on February 4, 2026, after a delay attributed by the victim to fear of social stigma.

The applicant contended that the relationship was consensual, supported by photographs of their long-term acquaintance and the fact that both parties are educated adults.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the allegations of sexual assault under the Bharatiya Nyaya Sanhita (BNS).

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.

Sections 64(1) (punishment for rape) and 351(3) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS).

The court considered the principles of "nature and gravity of the offence" versus the evidence of "consensual relationship" and the absence of criminal antecedents.

The court examined the medical report, which failed to provide a definite opinion on sexual assault or show signs of recent injury.

It specifically noted that the victim is a 28-year-old educated adult (B.Sc. graduate) who was well-acquainted with the 29-year-old applicant for a long time.

Upon perusing the case diary and photographs, the Court observed that the relationship appeared consensual and suggested that the FIR might have been lodged to harass the applicant after the relationship failed to "materialize".

The court further weighed the fact that the charge-sheet had already been filed and the applicant had no prior criminal record, concluding that continued detention was unnecessary.

It held that given the likelihood of a consensual relationship and the completion of the investigation (filing of charge-sheet), the applicant is entitled to liberty.

The applicant was ordered to be released on a personal bond with two sureties, subject to conditions including mandatory attendance at trial and non-interference with witnesses. Failure to comply would result in proceedings under Section 269 or Section 209 of the BNS.