Voluntary travel of major victim to multiple locations justifies grant of bail in rape prosecution.

The applicant, Dinesh Rajput, was arrested on July 23, 2025, following a missing person report filed by the victim's mother on July 16, 2025

The victim was located in Panipat and brought back to Geedam, where she alleged that the applicant took her to Warangal and Panipat under the pretext of testifying in a case

She stated that the applicant committed forceful sexual intercourse with her at lodges in both locations

Conversely, the applicant contended that the relationship was consensual, the Forensic Science Laboratory (FSL) report was negative, and the charge sheet had already been filed while he remained in custody since July 2025

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the victim's statement and the duration of the applicant's detention

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant bail

The substantive charges were examined under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 64(2)(M) (rape), 137(2) (kidnapping/abduction), 87 (related to criminal intimidation/harm), and 115(2) (voluntarily causing hurt)

The Court also considered the procedural requirement of recording the victim's statement under Section 183 of the BNSS

The Court analyzed the evidence, noting that the victim is a "major girl" whose statement under Section 183 of the BNSS indicated she had voluntarily traveled with the applicant to various locations across different states

The Court emphasized that the applicant had been in detention since July 23, 2025, and that the investigation had concluded with the filing of the charge sheet

Reasoning that the trial's conclusion would likely be delayed and noting that material witnesses had already been examined, the Court determined that the applicant met the threshold for bail without needing to comment on the ultimate merits of the prosecution's case

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments, must attend all trial dates (specifically for framing of charges and recording of statements under Section 351 BNSS), and must comply with sections of the BNS regarding presence during trial

Failure to comply would allow the trial court to treat the default as an abuse of the liberty of bail