Unexplained prolonged delay in reporting sexual assault by an educated adult warrants grant of bail.

This was a second repeat bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") in connection with Crime No. 1113/2023, registered at Police Station Bhanwarkua, District Indore, for offences under Sections 376, 376(2)(n), 384, 294, 506, 201 and 34 of the Indian Penal Code, 1860.

The applicant had been in custody since 04/05/2024.

The prosecution alleged that the applicant, having met the 23-year-old prosecutrix at RTO Balaghat in 2020 on the pretext of assisting with her driving license, lured her to his room in Vidya Nagar on 14/08/2021 under the guise of handing over the license, threatened to disclose their affair to her family, forcibly raped her, and subsequently coerced repeated sexual relations, threatened to circulate her photos and videos, physically assaulted her, sent obscene messages to her friends, and extorted approximately Rs. 1,50,000/- and her mobile phone.

The FIR was registered on 18/10/2023, over two years after the first alleged assault, and the case stood scheduled for prosecution evidence.

1. Whether the applicant, accused of rape and extortion under Sections 376, 376(2)(n), 384 and allied provisions of the IPC, deserved the concession of bail on a second repeat application under Section 483 BNSS, 2023.

2. Whether prima facie infirmities in the prosecution case — the unexplained delay of over two years in lodging the FIR, the driving license having been prepared prior to the alleged incident, and the prosecutrix's silence during her visit to the police station — weighed in favour of bail.

3. Whether continued incarceration, considering the applicant's custody since 04/05/2024, absence of criminal antecedents, completed investigation, and anticipated delay in trial, would amount to pre-trial punishment.

The Court exercised its jurisdiction under Section 483 of the BNSS, 2023, which vests the High Court with special powers regarding bail, and subjected the bail order to compliance with Section 480 BNSS concerning bail conditions.

prolonged and unexplained delay in lodging an FIR in sexual offence cases, particularly where the prosecutrix is a mature and educated adult, is a relevant consideration for bail

the conduct of the prosecutrix, including failure to report victimization despite an available opportunity, is a circumstance bearing on the prima facie assessment at the bail stage

absence of criminal antecedents, permanent residence negating flight risk, completion of investigation and filing of charge-sheet are factors favouring bail

keeping an undertrial in custody indefinitely pending a protracted trial amounts to pre-trial punishment

the foundational premise of the prosecution — that the applicant lured the prosecutrix on the false promise of providing her driving license — stood diluted because the record showed the license had already been prepared prior to the date of the alleged incident

the Court found the delay from the alleged assault on 14/08/2021 to the FIR on 18/10/2023, spanning over two years, substantial and unexplained, a factor of particular significance given that the prosecutrix was a major, educated woman

the Court noted that on 07/10/2023 the prosecutrix visited the police station accompanying her friend Aditya Lad for his complaint, yet "did not whisper a single word" regarding her own alleged sexual exploitation or extortion despite a clear opportunity.

the applicant had no previous criminal antecedents, was a permanent resident of District Balaghat (negating flight risk or tampering), had suffered incarceration since 04/05/2024, the investigation was complete with charge-sheet filed, and the trial's conclusion was likely to take a sufficiently long time, such that continued custody would constitute pre-trial punishment.

The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, for his regular appearance during trial.

The order was made subject to compliance with Section 480 of the BNSS, 2023, and conditions that the applicant shall cooperate with the trial, shall not influence witnesses, shall not commit any similar offence, and shall appear before the Trial Court on all dates as directed.