Consent of worldly-wise adult woman to sexual relationship precludes offense under Section 69 BNS 2023.

The applicant, a 33-year-old labourer, sought regular bail following his arrest on February 9, 2026.

The complainant, a 27-year-old married woman and mother of two, alleged that she began living with the applicant in June 2025 after he proposed marriage.

She claimed the applicant engaged in physical relations with her on the promise of marriage but subsequently refused to marry her.

Consequently, an FIR was registered at Police Station Neelganga for an offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The applicant contended the relationship was consensual between adults and turned sour, leading to false allegations.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the allegations of sexual intercourse on a false promise of marriage.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

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

The court also referenced the procedural requirements for witness examination under Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.).

The court observed that the complainant was a "worldly wise adult" who voluntarily left her matrimonial home to reside with the applicant.

It noted that the investigation was largely complete, with statements under Sections 180 and 183 of the BNSS already recorded, rendering further custodial interrogation unnecessary.

The court evaluated the applicant's profile, noting his lack of criminal antecedents, his socio-economic status as a labourer with family responsibilities, and the absence of any history of evading the law.

The court reasoned that since the offence was not "heinous or brutal" and there was no evidence of potential witness tampering or recidivism, continued incarceration was not justified.

The court held that the veracity of the "false promise of marriage" versus "consensual relationship" is a matter for trial.

The bail is subject to conditions including regular court attendance, refraining from committing similar offences, and not tampering with evidence or threatening witnesses.

The court held that the contentions regarding the nature of the relationship had prima facie merit for the purpose of bail.