A consensual relationship between adults does not amount to rape, even if there are claims of deceit regarding age and marital status under the Bharatiya Nagarik Suraksha Sanhita, 2023.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 read with Section 538 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner, Akshay Thakur for grant of Anticipatory Bail in FIR No. 55/2025 under Section 69/64(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘B.N.S.’) registered at Police Station IGI Airport.

2. The First Anticipatory Bail Application moved before the learned Sessions Judge, New Delhi, has been dismissed vide Order dated 07.05.2025.

3. The Applicant has submitted that he is 28 years old presently serving as 7 JAK RIF in the Indian Army, holding an esteemed and responsible position. He hails from a highly reputable family, which is well-regarded in the community for its integrity, moral values and contributions to the nation. He has maintained an unblemished record both in his personal and professional career with no history of any criminal involvement or misconduct in the past. He is a man of good character, discipline and integrity and reflects a strong sense of service to the nation.

4. He is a permanent resident of Kangra District, Himachal Pradesh.

5. The Applicant has further stated that he is a divorcee. The Complainant is a middle-aged woman, approximately in her early forties, who hails from Ayodhya. She had not disclosed about her prior personal relationships including whether she was married, divorced or otherwise engaged in any legally or socially recognized relationship.

6. The brief facts of the case are that the Applicant and the Complainant initially came into contact in around February, 2024 through a social media platform, namely, Instagram. They continued to interact and eventually conversations got initiated through direct messaging on the platform. It marked the beginning of relationship, which gradually became more frequent and personal in nature. The nature of their conversations, suggest a mutual interest and voluntary participation in a dialogue between both individuals. Despite the strength of their bond, they never met in person prior to 23.07.2024, when the Applicant had a layover in New Delhi while travelling from Dharamshala, HP to Dibrugarh, Assam where he stayed for one night at New Delhi.

7. The Complainant on her own volition, insisted and persuaded the Applicant to stay at the Centaur Hotel located in Aerocity, New Delhi where she had already made a reservation. She had checked into the Hotel, prior to the arrival of the Applicant. On reaching there, the Complainant personally came to the reception area to receive him and escorted him to the room which she had booked. The sequence of events clearly demonstrates the Complainant’s initiative in arranging and facilitating the stay of the Applicant in the Hotel.

8. During this meeting, they both became good friends and developed a level of mutual trust through their prior conversations. However, upon meeting in person, the Applicant discovered the significant age difference between them, a fact which had been deliberately concealed by the Complainant, during their previous chats. This visibly shocked and disturbed the Applicant, prompting him to express his desire to leave the relationship on a good note. Despite his intention to leave, the Complainant repeatedly requested and attempted to dissuade him from walking away