Insufficient evidence to warrant continued detention led to the granting of bail with conditions.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.1287/2025 of Chengannur Police Station, Alappuzha District. The offences alleged are punishable under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the de facto complainant and the applicant were good friends and had a close relationship. In November 2024, the applicant allegedly induced the respondent No. 2 into sexual relations by promising to marry her, first at a friend’s shop in Chengannur called Fire and Safety and later, in January 2025, at a lodge near the Changanassery transport stand. Later the applicant backtracked from his promise to marry her. Thereafter, the applicant threatened to circulate the victim’s nude photographs via WhatsApp and thus committed the offences alleged.

4. I have heard Sri.M. Anuroop, the learned counsel for the applicant and Sri. K.A Noushad, the learned Senior Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage. 6. The applicant was remanded to judicial custody on

09.02.2026. I went through the FIS. It appears that the applicant and the victim became acquainted through Instagram. Thereafter, they fell in love, and they had sexual intercourse several times at different places. Though there is an allegation that some of the sexual acts had a forceful nature, an overall reading of the FIS would show that they were voluntary and consensual in nature. There was an allegation of a promise of marriage also. However, the applicant is a married man. It is submitted that the mobile of the applicant has already been surrendered. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose.

Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation. (iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE AP PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. 1287/2025 OF CHENGANNUR POLICE STATION DATED 13-10-2025