Major Victim’s Consensual Relationship and Charge-Sheet Filing Entitle Accused to Bail in Section 69 BNS Offence

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

The prosecution alleged that the applicant committed rape upon the 28-year-old victim in December 2024 on the pretext of marriage and later refused to marry her.

The applicant was arrested on January 5, 2026.

Counsel for the applicant contended that the relationship was consensual, the victim's statement under Section 164 Cr.P.C. admitted consent, the medical report did not support the prosecution, and the victim had a history of filing false cases for extortion.

The State opposed the bail, alleging forceful intercourse on the pretext of marriage.

1. Whether the applicant is entitled to the grant of regular bail considering the allegations of sexual intercourse on the pretext of marriage under the Bharatiya Nyaya Sanhita (BNS)?

The court primarily applied Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which penalizes sexual intercourse by deceitful means or making a promise to marry without intention of fulfilling it.

Procedurally, the court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

The court also referenced Sections 209 and 269 of the BNS and Section 84 of the BNSS regarding the consequences of non-appearance or misuse of bail liberty.

The Court evaluated the facts and circumstances, specifically noting that the victim is a 28-year-old major.

Upon perusing the victim's recorded statements, the Court observed that the relationship appeared to be consensual.

The Court further took into account that the investigation was complete with the charge-sheet already submitted before the competent court.

Given that the applicant had been in custody since January 5, 2026, and the trial was expected to take considerable time to conclude, the Court found that continued incarceration was not warranted during the trial period.

The holding clarified that since the victim was a consenting adult and the charge-sheet was filed, the applicant was entitled to bail.

The release was made subject to strict conditions, including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence during trial dates; and (iii) personal appearance during crucial stages such as framing of charges and recording of statements under Section 351 BNSS.