Chhattisgarh HC Grants Bail In Rape Case Despite Victim’s Objection, Citing Defence Claim Of A Consensual Relationship

The appellant sought regular bail under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in a case registered for offences under Sections 64(1), 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(B)(ii) of the SC/ST Act

The prosecution alleged that the appellant had sexual relations with the complainant against her will after she rejected his marriage proposal, and threatened her if she disclosed the incident

The appellant asserted that they had a consensual relationship and that he had been falsely implicated; he also relied on the filing of the charge-sheet, his time in custody since 15 June 2026, and the absence of criminal antecedents.

The State opposed bail, and the complainant and her mother appeared by video conference and objected to the application.

The appeal was brought under Section 14-A(2) of the SC/ST Act, seeking regular bail in relation to the offences charged under Sections 64(1), 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(B)(ii) of the SC/ST Act.

The Court assessed the bail application by considering the circumstances of the case, the nature and gravity of the alleged offences, the parties’ submissions, the filing of the charge-sheet, the period of custody and the appellant’s criminal antecedents.

No precedent or further express bail test was cited.

The Court acknowledged the seriousness of the allegations and the complainant’s objection, but considered the appellant’s assertion that the relationship had been consensual for a considerable period, the fact that the complainant had subsequently married another person, the completion of the investigation and filing of the charge-sheet, the appellant’s custody since 15 June 2026, and his lack of criminal antecedents.

Weighing those circumstances without commenting further on the merits, the Court found it appropriate to grant bail.

Bail was subject to conditions that he not threaten or influence persons acquainted with the facts, not prejudice a fair and expeditious trial, and attend every hearing until the trial concludes.