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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Akshay Thakur S/o Mr. Suresh Chand – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. petition for anticipatory bail. (Para 1 , 2) |
| 2. background of relationship establishment and interactions. (Para 3 , 4 , 5 , 6 , 8) |
| 3. nature of interactions and perceived relationship dynamics. (Para 7 , 9 , 10 , 11) |
| 4. allegations of harassment and mental distress. (Para 12 , 13 , 14 , 15) |
| 5. legal arguments regarding consent and financial transactions. (Para 16 , 17 , 18 , 19 , 22) |
| 6. details of evidence and context of the fir. (Para 20 , 21) |
| 7. assessment of the legitimacy of claims and nature of consent. (Para 24 , 25 , 26 , 27) |
| 8. conclusion on bail application and terms. (Para 28 , 29 , 30 , 31) |
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
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.
The court emphasized the distinction between consensual relationships and allegations of rape, ruling that mere allegations without evidence of coercion do not suffice for criminal proceedings.
The Court found that consensual relations under a promise of marriage do not always constitute rape, contingent upon the absence of bad faith in the promise.
A consensual relationship should not automatically be interpreted as rape on the basis of a broken promise of marriage, emphasizing the need to consider context and intentions behind consent.
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