Chhattisgarh HC Grants Bail To Man Accused Of Sex On Marriage Promise, Citing Complainant’s Age And Filed Chargesheet

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

The complainant, aged about 28, alleged that the applicant had sexually exploited her on the pretext of marriage between 29 July and 6 September 2026; she later learned that he was already married.

The applicant contended that their relationship was consensual, that the complainant knew of his marriage, and that the charge-sheet had been filed. He had been in custody since 8 September 2026.

The State opposed bail, alleging that the applicant had concealed his existing marriage.

Section 483 of the BNSS provides the basis for the High Court’s consideration of an application for regular bail.

The Court assessed the application by reference to the circumstances relevant to pre-trial release, including the complainant’s age, the alleged nature and duration of the relationship, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of custody, and the likely duration of the trial.

The Court noted that the complainant was a mature woman aged about 28 and that the parties had allegedly been in a relationship for a considerable period.

It also considered that the applicant had no criminal antecedents, the charge-sheet had been filed, he had been in custody since 8 September 2026, and the trial was likely to take time.

On those grounds, and without commenting on the merits, the Court found it appropriate to grant bail.

Bail was subject to conditions, including no adjournment when witnesses are present, attendance before the trial court, and personal appearance on the dates fixed for opening of the case, framing of charge, and recording of the applicant’s statement under Section 351 of the BNSS. The order also specified consequences for non-compliance, including proceedings under the provisions cited in the order.