Pre-arrest bail may be granted in cases of alleged sexual assault under a promise of marriage if the relationship was consensual and the applicant lacks criminal antecedents, provided custodial interrogation is not necessary for the investigation.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.118/2026 of Alappuzha South Police Station, Alappuzha District. The offences alleged are punishable under Sections 69, 89, & 351 (2) of the Bharatiya Nyaya Sanhita,2023

3. The prosecution case, in short, is that the victim and the applicant herein were known to each other. While so, the applicant herein promised to marry the victim. On the strength of this promise, the defacto complainant was subjected to rape on 23/02/2023 at the residence of the applicant. Thereafter, she was subjected to rape on the strength of the promise of marriage on several occasions at several places including the residence of victim and also at her workplace. It is further alleged that the victim became pregnant as a result of the sexual intercourse and thereafter, she was compelled and intimidated to terminate the said pregnancy. She was not ready for that. The applicant assaulted and intimidated her and accordingly she terminated the pregnancy and thus the applicant committed the above mentioned offences.

4. I have heard Sri. R. Rajendra Prasad, the learned counsel for the applicant and Smt. Sreeja V, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The reading of the FIS would show that the victim is married and has two children. Though, she is living separately from her husband, it is admitted that her marriage with her husband still subsists. In the meanwhile, she developed a relationship with the applicant and had voluntarily engaged in consensual sexual intercourse with him several times. It is also stated in the FIS that she became pregnant several times and the pregnancies were subsequently aborted. Admittedly, all these sexual acts they had were consensual. However, according to the victim, she consented to the sexual relationship because the applicant had promised to marry her. Since the victim's marriage is still subsisting, she cannot legally marry the applicant unless and until her marriage with her husband is dissolved. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall appear before the investigating officer on 05/6/2026 at 10:00 a.m. for interrogation.

(ii) The applicant can be interrogated for the next three days from 10.00 a.m to 4.00 p.m. every day, if required, after giving adequate intervals.

(iii) The applicant shall be deemed to be under custody during the aforesaid period for facilitating the requirements of investigation, including to undergo medical examination or potency test.

(iv) If the investigating officer intends to arrest the applicant, then he shall be released on bail on executing a bond for Rs.`1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like s