Regular bail granted in case of consensual physical relationship with a major on pretext of marriage.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

He was arrested on May 3, 2026, following an FIR alleging that he established physical relations with the victim between March 12 and April 21, 2026, without her consent and under the pretext of marriage

The victim alleged the applicant applied vermilion to her forehead and obtained signed affidavits

The defense contended the victim was a major, the relationship was consensual, and the applicant had been in custody since his arrest

The prosecution opposed bail, citing the breach of a promise to marry

1. Whether the applicant is entitled to regular bail considering the allegations of establishing physical relations on a false pretext of marriage and the current status of the trial

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing regular bail

Sections 64(2)(M) (rape) and 87 (causing miscarriage/criminal intimidation/related offenses) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court relied on the established principle that if a prosecutrix is a major and a consenting party to a relationship that later fails to materialize, the necessity of continued incarceration during trial must be weighed against judicial discretion

The court evaluated the statement of the victim recorded under Section 183 of the BNSS, observing that she is a "major girl" who appeared to be in a "love relationship" and was a "consenting party"

The court reasoned that the criminal case was initiated only after the relationship "could not materialize"

Furthermore, the court noted that the investigation was effectively complete as the charge-sheet had already been filed

Given the applicant's duration of custody (nearly two months at the time of the order) and the fact that the trial would take considerable time to conclude, the court found no justification for further detention

The holding directed the release of Anish Kamal Gupta upon furnishing a personal bond with two local sureties, subject to strict conditions regarding court appearances and witness integrity