In cases involving allegations of sexual intercourse on the pretext of marriage where the victim is a major and the relationship is consensual, bail may be granted upon the filing of the charge-sheet and absence of criminal antecedents.

Digitally signed by KUNAL DEWANGAN

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 27/2025 registered at Police Station Mardoom, District Bastar (C.G.) for the offence punishable under Sections 64(2)(m), 89 of BNS.

2. Case of the prosecution, in brief, is that the victim has lodged a written complaint against the present applicant alleging that he committed forcible sexual intercourse with her during the period from 01.07.2024 to 31.07.2025 on the pretext of marriage. The police have arrested the applicant and have filed the charge-sheet before the competent court of law. Hence, the bail application.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a major and a consenting party, and the relationship between the applicant and the victim was a voluntary love relationship. Subsequently, due to differences between them, the relationship turned sour, whereafter the present FIR has been lodged against the applicant. He also submits that the medical evidence does not support the prosecution case, and it is further contended that since the applicant and the victim belong to different castes, their relationship could not culminate into marriage, which led to the lodging of the FIR. The applicant is in jail since 21.11.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that as per the prosecution case, the applicant/accused developed a relationship with the victim in March 2024 and, by giving a false promise of marriage, repeatedly subjected her to forcible sexual intercourse during the period from 01.07.2024 to 31.07.2025. As a result of such acts, the victim became pregnant and the applicant thereafter compelled her to consume abortion pills, causing miscarriage and serious risk to her health. He further submits that after the incident, the applicant refused to marry the victim, which clearly reflects his criminal intent. Therefore, the applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.11.2025, the fact that though the applicant is alleged to have established a relationship with the victim and, on the false pretext of marriage, repeatedly subjected her to sexual intercourse, as a result of which she became pregnant and further he compelled her to undergo abortion by administering pills, causing miscarriage and health complications, and thereafter refused to marry her, but considering the fact that victim is a major girl and she was in consensual relationship with the applicant, wherein she was the consenting party, and when their relationship could not be materialized, victim lodged present FIR against the applicant, also considering the statement of victim recorded under