Grant of bail where delayed FIR and subsequent voluntary meetings suggest potential consensual relationship between major parties.

The applicant sought regular bail following his arrest on January 7, 2026, in connection with Crime No. 398/2025.

The complainant, an 18-year-old woman, alleged that on November 10, 2025, the applicant forcibly committed sexual intercourse at his residence.

She further alleged that on December 3, 2025, the applicant again attempted sexual assault and threatened to leak compromising videos of her.

The applicant’s counsel contended that the victim is a major, and the subsequent visits to the applicant's residence suggested a relationship rather than assault.

The prosecution opposed bail, noting that the charge sheet had already been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations, the age of the victim, and the stage of the trial.

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

Substantive offenses under the Bharatiya Nyaya Sanhita, 2023 (BNS), specifically Section 64 (punishment for rape), Section 296 (obscene acts), and Section 351(3) (criminal intimidation).

Procedural conditions for bail derived from Sections 183 (statement to magistrate), 269 (non-attendance), and 351 (accused’s statement) of the BNSS.

The court evaluated the circumstances by balancing the gravity of the accusations against the procedural status of the case.

It noted that the victim is a major (18 years old) and her statement had been recorded under Section 183 BNSS.

The court observed that after the initial alleged assault on November 10, 2025, the victim voluntarily met the applicant again at a different location where physical relations were established, only filing the FIR after the relationship failed to "materialize" and threats were allegedly made regarding viral videos.

Given that the charge sheet has already been filed, the applicant has been in custody since January 7, 2026, and the trial is expected to be lengthy, the court determined that further detention was not necessitated.

The holding is conditional upon the applicant not seeking unnecessary adjournments, appearing at all trial stages, and complying with procedural summons under Sections 84, 209, and 269 of the BNS/BNSS.

The court directed the trial court to endeavor to conclude the trial within six months.