Delayed FIR and consensual acquaintance justify bail in rape case involving major married victim.

The applicant, Gaurav Giri, was arrested on 31.03.2026 in connection with Crime No. 278/2026 at Police Station Sakri, Bilaspur.

The prosecution alleged that the applicant befriended the victim in 2024, obtained her photographs, and on 01.01.2026, coerced her into physical relations by threatening to leak the photos to her husband.

It was further alleged that the applicant extorted approximately ₹80,000 and gold jewelry through blackmail.

The applicant moved his First Bail Application, contending that the victim is a 35-year-old married woman, the families were well-acquainted, and the FIR was a retaliatory measure for the applicant’s marriage being fixed, filed after a three-month delay.

A charge-sheet has already been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the duration of custody?

The Court considered the provisions of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Substantive charges were leveled under the Bharatiya Nyaya Sanhita (BNS), specifically Section 64(1) (punishment for rape), Section 296 (obscene acts/songs), Section 351(3) (criminal intimidation), and Section 308 (extortion).

The Court emphasized the principle that bail may be granted where the victim is a major, there is a delay in lodging the FIR, and the investigation is complete (indicated by the filing of a charge-sheet), ensuring the trial's integrity through specific conditions under Sections 269 and 209 of the BNS and Section 351 of the BNSS.

The Court evaluated the gravity of the allegations against the mitigating factors presented by the applicant.

It observed that the victim is a 35-year-old married adult and that both families had an established social relationship.

The Court found merit in the applicant’s argument regarding the three-month delay in filing the FIR, which coincided with the finalization of the applicant's marriage.

Furthermore, the Court noted that the applicant had been in custody since 31.03.2026 and, since the charge-sheet had already been filed, his continued detention was not necessary as the trial was expected to take a considerable amount of time.

The Court determined that the risk of absconding or tampering could be mitigated by imposing stringent conditions regarding court attendance and conduct.

The Court allowed the bail application and ordered the release of Gaurav Giri on a personal bond with two sureties, subject to conditions including: no seeking of adjournments during witness testimony, mandatory presence during specific trial stages, and compliance with Section 269 of the BNS and Section 84 of the BNSS.