Grant of bail where married victim engaged in sexual relations on pretext of marriage.

The applicant filed his first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

He was arrested on 28.12.2025 in connection with Crime No. 338/2025 for allegedly committing sexual intercourse with the victim on the pretext of marriage.

The victim, a married woman with two children, had been living separately from her husband for three years and was in a relationship with the applicant since February 2025.

The prosecution opposed the bail, citing the applicant’s residence in Bihar and one previous criminal antecedent.

A charge-sheet has already been filed in the matter.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the allegations and the consensual nature of the relationship.

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

It considered the substantive offenses under Sections 64(2)(m) (punishment for rape by a person in a position of trust or authority/pretext of marriage) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court focused on the principle of "consent" vs. "pretext of marriage" and the necessity of custody during the trial.

The Court examined the victim's statement recorded under Section 183 of the BNSS, noting that she is an adult, a mother of two, and had been living separately from her husband for several years.

The Court observed that the victim had been in continuous touch with the applicant for approximately a year, suggesting a consensual relationship.

Furthermore, the Court noted that the applicant had been in jail since December 2025, the charge-sheet had already been filed, and the trial was expected to take a significant amount of time.

These factors, combined with the context of the relationship, outweighed the prosecution's concerns regarding the applicant's criminal history and out-of-state residency.

The holding was based on the specific facts that the victim was an adult in a long-term acquaintance with the applicant and that the investigation (charge-sheet) was complete.

The release was made subject to the applicant furnishing a personal bond with two local sureties and adhering to strict conditions, including non-adjournment of evidence, mandatory presence during key trial stages (charge framing and Section 351 BNSS statement), and penalties for misuse of liberty.