Consensual relationship between adults on promise of marriage does not warrant continued pretrial detention.

The applicant filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on 20.02.2026

The prosecution alleged that on 28.09.2025, the applicant induced the victim into sexual relations on a false pretext of marriage, later refusing to marry her

The applicant contended that the relationship was consensual between two adults who had known each other for a year and that the FIR was a retaliatory measure after the relationship failed to culminate in marriage

The charge-sheet had already been filed at the time of the hearing

1. Whether the applicant is entitled to regular bail considering the consensual nature of the relationship and the completion of the investigation

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

The substantive offense was considered under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which penalizes sexual intercourse by deceitful means or on a promise to marry without intention to fulfill it

The Court also referenced procedural conditions for bail under Sections 269 (non-attendance), 84 (proclamation for person absconding), 209 (failure to appear), and 351 (recording of statement) of the BNSS

The Court examined the materials on record, specifically noting that the victim is a major who had been in a "love relationship" with the applicant for approximately one year

The Court observed that the physical relationship appeared "entirely consensual" and that the FIR was lodged only after the relationship failed to result in marriage

The Court balanced the gravity of the allegations against the facts that the applicant had no prior criminal record, the investigation was complete with the filing of the charge-sheet, and the applicant had already been detained since 20.02.2026

Reasoning that the trial would take a considerable amount of time, the Court determined that further incarceration was unnecessary

The Court allowed the bail application and ordered the release of Ritesh Pandey on a personal bond with two sureties