Consensual physical relationship with a major woman justifies regular bail despite allegations of sexual assault.

The applicant filed a first bail application seeking release from custody following his arrest on February 13, 2026, for offences under Section 64(2)(M) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The prosecution alleged that on February 1, 2026, the applicant repeatedly committed sexual intercourse with the victim at his house.

The victim, a 35-year-old widow, lodged the FIR on February 6, 2026, five days after the alleged incident.

The applicant argued that the encounter was consensual, the medical report did not confirm rape, and that he had no prior criminal record.

The State opposed the bail, citing the seriousness of the allegations and the filing of the charge-sheet.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the consensual nature of the act and the procedural status of the trial.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

The substantive charge was under Section 64(2)(M) of the Bhartiya Nyaya Sanhita (BNS), 2023.

Victim's statement recorded under Section 183 of the BNSS.

Bail conditions referencing Section 269 of the BNS (non-attendance in obedience to an order from public servant), Section 84 of the BNSS (proclamation for person absconding), and Section 209 of the BNS.

The Court noted that the victim is a 35-year-old widow and that both parties were known to each other.

Upon reviewing the victim's statement under Section 183 of the BNSS, the Court observed that the physical relationship appeared consensual, stemming from the applicant’s promise to "keep her".

The Court took into account the five-day delay in lodging the FIR and the applicant’s assertion that the medical report failed to corroborate the allegation of rape.

Given that the charge-sheet has already been submitted and the applicant has been in custody since February 13, 2026, the Court reasoned that the conclusion of the trial would likely be prolonged, justifying the grant of bail.

The Court held that the applicant was entitled to bail due to the consensual nature of the relationship, his duration in custody, and the submission of the charge-sheet.

The release is subject to specific conditions: the applicant must not seek adjournments when witnesses are present, must attend all trial dates personally or through counsel (subject to Section 269 BNS), and must appear for specific trial stages including framing of charges and recording of statements under Section 351 of the BNSS.