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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
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
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.
Anticipatory bail can be granted despite serious allegations if investigation is complete and there is no indication of misuse of prior protection granted by the court.
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