Regular bail granted where major prosecutrix entered into a consensual relationship with the accused.

The applicant, a contractor at a brick kiln in Punjab, allegedly developed a relationship with the prosecutrix while she worked there with her husband in October 2025

The prosecutrix alleged that after returning to her village, the applicant entered her home and raped her on 28.12.2025 and again on 09.01.2026

On the second occasion, the prosecutrix’s husband reportedly arrived home and witnessed the encounter

A written complaint was lodged on 11.02.2026, resulting in FIR No. 49/2026 for the offense of rape

The applicant was arrested on 11.02.2026, and a charge-sheet has since been filed

The applicant moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS in light of the allegations and the nature of the relationship between the parties

Section 64(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, which prescribes punishment for the offense of rape

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

Conditions referencing Section 269 of the BNS (non-attendance), and Sections 84 (proclamation), 209 (failure to appear), and 351 (accused's statement) of the BNSS to ensure trial compliance

The Court examined the nature and gravity of the allegations alongside the duration of the applicant's detention since 11.02.2026

It noted that the prosecutrix is a major and that a consensual sexual relationship appeared to have been established between the parties during their time in Punjab

The Court observed that the FIR was lodged only after the prosecutrix’s husband discovered the relationship, suggesting the victim was a consenting party until that point

Since the investigation was complete and the charge-sheet filed, and noting that the trial would likely be protracted, the Court found no justification for continued incarceration

The Court ordered the applicant’s release on a personal bond with two sureties, subject to specific conditions: (i) an undertaking not to seek adjournments during evidence, (ii) mandatory presence at trial per Section 269 BNS, and (iii) personal appearance for framing of charges and recording of statements under Section 351 BNSS

The trial court was authorized to treat any breach of these conditions as an abuse of the liberty of bail