Bail granted in rape case where missing person report suggests a voluntary, consensual relationship.

The applicant filed his first bail application following his arrest on January 16, 2026, in connection with Crime No. 23/2026

He was charged under Sections 140(3), 64(2)(m), 87, 127(2), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, involving allegations of abduction and rape

According to the prosecution, the prosecutrix alleged that the applicant deceived her into leaving her home by claiming her husband had an accident, then took her to a secluded hut and committed rape

The applicant argued that the relationship was consensual and that the prosecutrix left her matrimonial home voluntarily, citing a "Missing Person Report" filed by the husband on January 15, 2026, which expressed suspicion that his wife had gone with the applicant

The applicant is a driver with one minor criminal antecedent involving a fine of Rs. 500 under the Public Gambling Act

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the allegations and the prima facie evidence of a consensual relationship

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

It adhered to the principle that bail may be granted when further custodial interrogation is unnecessary, the investigation is substantially complete, and there is no significant risk of the accused fleeing or tampering with evidence

The court also evaluated the applicant's socio-economic status and lack of substantial criminal history to determine the likelihood of recidivism

The court found that the "Missing Person Report" filed by the husband prima facie supported the applicant’s contention of a consensual relationship, as the husband already suspected the prosecutrix had left with the applicant

It noted that the applicant had been in custody since January 16, 2026, and since the investigation was nearly complete, his continued incarceration was no longer required for interrogation

The court observed that the applicant’s status as a driver and his lack of a major criminal record suggested he was neither a flight risk nor capable of influencing witnesses or tampering with evidence

Given the applicant's family responsibilities and the fact that the trial would take time to conclude, the court determined that the veracity of the rape allegations should be resolved during the trial rather than through pretrial detention

The court ordered the applicant’s release upon furnishing a personal bond of Rs. 50,000/- with one solvent surety of the same amount

The grant of bail is subject to several conditions, including mandatory appearance at all hearings, a prohibition on committing similar offenses, and a prohibition on inducing or threatening witnesses

The court clarified that the order remains effective until the end of the trial, provided the bail conditions are not breached