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 custodial interrogation.

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 ‘BNSS’).

2. By way of the present application, the indulgence of this Court has been sought to direct the Police/Investigating Officer of Women Police Station, Nahan, District Sirmaur, Himachal Pradesh, to release the applicant, on bail, in the event of his arrest, in the above-noted FIR.

3. According to the applicant, all the allegations, which have been levelled against him, by the prosecutrix, are false.

4. As per the applicant, the story, as narrated, in the FIR is false and fabricated one. The custodial interrogation of applicant is stated to be not required, in the present case.

5. The applicant has also given certain undertakings, for which, he is ready to abide by, in case, directions are issued, under Section 482 of BNSS, to the police.

6. According to the applicant, he and the complainant were friends; however, they did not have any contact with each other for the last three years. The applicant states that he was bedridden on the date of filing the application and that he is not in speaking terms with the complainant.

7. It is further case of the applicant that both of them had decided to marry with the consent of their family members, and in this regard, the applicant has retied upon the social media chats with the complainant. The applicant also asserts that he has no criminal antecedents.

8. On the basis of the facts, Mr. Vinod Chauhan, Advocate appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, any direction under Section 482 of the BNSS, is issued to the police/Investigating Officer.

9. When put to notice, the police has filed a status report, wherein, it was disclosed that on 21.10.2025, the complainant (respondent No. 2), aged about 27 years, along with her mother, submitted a complaint, before the Women Police Station, Nahan stating therein, that she is resident of the address, as mentioned in the application. According to her, she was in love affair with the applicant since 2021. In 2023, she discussed their relationship with her family members and also asked the applicant to speak with his parents regarding the same.

9.1. On 04 July 2021, as per the complaint, the applicant called her to a hotel at Gurudwara Wali Gali and promised her to marry. He had also applied vermilion (sindoor) on her forehead. Thereafter, applicant had physical relations with her.

9.2. On 07.11.2023, on the birthday of the complainant, she was again called to the same hotel, where, they again had physical relations. Thereafter, over the phone, the applicant promised her to marry. However, when the complainant later insisted the applicant to solemnize marriage with her, he refused. She also informed him that her family members had arranged her betrothal (sagai) ceremony with another boy, upon which, he