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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Vikram Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. anticipatory bail application in rape case filed. (Para 1 , 2) |
| 2. allegations denied; consensual relation with marriage intent. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. repeated intercourse induced by false marriage promises. (Para 9) |
| 4. investigation yields evidence and applicant joins. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. social media love affair; no prior antecedents. (Para 16 , 17 , 18) |
| 6. bail opposed to prevent wrong societal signal. (Para 19 , 20) |
| 7. mature parties; consensual relationship turned sour possible. (Para 21 , 22 , 23 , 24 , 25) |
| 8. false promise vitiates consent unlike mere breach. (Para 26 , 27 , 28) |
| 9. pre-arrest bail granted subject to conditions. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
VIRENDER SINGH, J.
1. Applicant-Vikram Singh, apprehending his arrest, in case FIR No. 29 of 2025, dated 21.10.2025, registered under Section 376 of Indian Penal Code (hereinafter referred to as ‘IPC’), (Section 69 of Bharatiya Nyaya Sanhita hereinafter referred to as ‘BNS’) registered with Women Police Station, Nahan, District Sirmaur, Himachal Pradesh, has filed the present application, under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
Anticipatory bail granted in rape case on promise to marry where consensual love affair turned sour, distinguishing false promise ab initio vitiating consent from mere breach, absent need for custodi....
The main legal point established in the judgment is the distinction between false promise and breach of promise in cases involving consent under Section 375 IPC, emphasizing the requirement for an ac....
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
The distinction between a false promise to marry and breach of a promise to marry, and the relevance of consent and intention at the time of making the promise.
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
(1) Misconception of fact – Failure to keep promise on a future uncertain date does not always amount to misconception of fact at inception of act itself.(2) Law holding that false promise to marriag....
In order to establish whether the 'consent' was vitiated by a 'misconception of fact' arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a....
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