Regular bail granted where major victim’s statement indicates consensual extra-marital relationship.

The prosecutrix, a 30-year-old woman, filed a written complaint alleging that the applicant committed sexual intercourse with her multiple times

Consequently, FIR No. 09/2025 was registered under Sections 64(2)(M), 296, and 351(3) of the Bhartiya Nyaya Sanhita (BNS) and Section 67 of the I.T. Act

The applicant was arrested on August 3, 2025 (custody since August 26, 2025)

The applicant contended that the relationship was a consensual extra-marital affair and that allegations regarding threats and the circulation of a video were fabricated

The investigation has concluded, and a charge sheet has been filed

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) given the consensual nature of the relationship and the completion of the investigation

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides the procedure for granting regular bail

The substantive charges involve Section 64(2)(M) (Rape by a person in a position of trust or authority), Section 296 (Obscene acts/songs), and Section 351(3) (Criminal intimidation) of the Bhartiya Nyaya Sanhita (BNS), 2023, along with Section 67 of the Information Technology Act (punishment for publishing/transmitting obscene material)

The Court also considered the judicial principle that bail may be granted when the investigation is complete and the trial is likely to be prolonged

The Court noted that the prosecutrix is a major (30 years old) and that her statement recorded before the trial court admitted to an extra-marital relationship and mutual acquaintance with the applicant

It observed that the applicant had been in custody since August 2025 and that the filing of the charge sheet indicated that custodial interrogation was no longer required

Furthermore, the State acknowledged that the applicant has no previous criminal antecedents

Balancing the gravity of the allegations against the evidence of a consensual relationship and the anticipated duration of the trial, the Court found that continued incarceration would serve no fruitful purpose

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments during the evidence stage, must appear personally or through counsel on all fixed dates, and must strictly comply with trial procedures regarding the framing of charges and recording of statements

Any default or misuse of liberty allows the trial court to initiate proceedings under Section 209 of the BNS or Section 84 of the BNSS