Long-term relationship between major parties indicates consent, warranting grant of regular bail in sexual offence cases.

The applicant filed a First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest for offences under Section 64(2)(F)(M) of the Bhartiya Nyaya Sanhita (BNS).

The prosecution alleged that the applicant, the victim's brother-in-law, forcibly established a physical relationship with the victim in a hotel room in 2019 and continued said relationship until October 2025.

The applicant argued that the victim, a 33-year-old married woman, was a consenting party in a relationship that spanned over five and a half years and that the FIR was a delayed reaction to family discovery.

The applicant had been in judicial custody since January 23, 2026.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the relationship and the period of detention.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which governs the High Court's power to grant regular bail.

Section 64(2)(F)(M) of the Bhartiya Nyaya Sanhita (BNS).

The principle that prolonged consensual relationships between adults, subsequently ending in disputes, warrant a different consideration for bail compared to instances of non-consensual assault.

Section 269 and Section 209 of the BNS, as well as Section 351 of the BNSS.

The Court observed that the victim, being an adult, had been in a known relationship with the applicant for seven years.

It noted that the physical relationship appeared consensual and that the FIR was lodged only after a dispute arose between the parties.

The Court reasoned that since the applicant had been in custody since January 2026 and the trial was expected to take a considerable amount of time, the applicant’s continued detention was not necessitated.

The Court further determined that the lack of injuries in the medical examination supported the defense's contention of a consensual relationship.

Given the prima facie consensual nature of the long-term relationship and the duration of the applicant's custody, bail was appropriate.

The release is subject to strict conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges and recording of statements under Section 351 BNSS), and penal consequences under Sections 269 and 209 of the BNS for non-compliance.