In cases of alleged sexual exploitation on the pretext of marriage, if the victim is a major and the relationship was consensual, the court may grant anticipatory bail.

Order on Board

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.96/2026 registered at Police Station – Pratappur District- Sarguja (C.G.) for the offences punishable under Sections 69, 64(2)(m) of BNS.

2. Case of the prosecution, in brief, is that on 18.03.2026 the victim lodged report at Police Station Pratappur, alleging therein that on the year 2024, during the marriage of victim cousin brother, the victim and applicant meet and entered into relationship during this period victim get pregnant and birth a healthy girl. After this, both are stated living together with mutual consent till December 2025. Thereafter, the applicant returned his house for buying a motorcycle and switched off his mobile. Hence, alleged offence has been registered.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant that the victim is a major girl and she was came in contact with the applicant since 2024, thereafter, they had love affair and applicant made physical relationship with the victim and both are performed marriage on 27.02.2025 and they are living together as a husband and wife in a rental house, thereafter victim delivered a baby girl. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.

4. On the other hand learned State counsel opposed the bail application and submits that applicant has no previous criminal antecedent. She further submits that as per the statement recorded under Section 183 of BNSS by the victim, she was in contact with the applicant since 2024 and they had love affair and applicant made physical relationship with her may times on the pretext of marriage, as a result she got pregnant and delivered a girl child but, the applicant returned his house for buying a motorcycle and switched off his mobile, Therefore, the applicant is not entitled for grant of anticipatory bail in the present case.

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 allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the victim, she is a major girl, she was consenting party and there was consensual relationship between them and when the relationship could not materialized she lodged FIR against the present applicant, investigation and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on anticipatory bail in this case.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Roshan Singh, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d)The Applica