Bail under Section 69 of Bharatiya Nyaya Sanhita (BNS) - The sources indicate that bail can be granted in cases involving Section 69, which pertains to offenses under the BNS, especially when the prosecutrix is aware of the accused's marriage. For example, in Saood vs State of Himachal Pradesh - Himachal Pradesh, bail was considered despite serious charges, noting the absence of coercion and delayed reporting, suggesting that the court may consider bail if certain conditions are met.
Knowledge of Marriage by Prosecutrix - The main point from G Sreekanth vs State Of Andhra Pradesh - Andhra Pradesh and others is that if the prosecutrix knows about the accused's marriage, it influences the bail decision. The court examines whether the victim was aware of the marriage and the nature of their relationship, which can impact the likelihood of bail being granted.
Relationship and Consent Factors - Several sources, such as Kuldeep Kumar Gupta vs State of Chhattisgarh - Chhattisgarh, highlight that the victim's age, relationship with the accused, and whether the victim was a consenting adult are crucial in bail considerations. Established relationships or lack of coercion can favor bail approval.
Court's Discretion and Conditions - Courts assess the circumstances, including the stage of investigation, evidence strength, and whether the accused might abscond, before granting bail under Section 69 Munish Kumar vs State of Himachal Pradesh - Himachal Pradesh.
Analysis and Conclusion:
Bail can be granted under Section 69 of the BNS when the prosecutrix is aware of the accused's marriage, provided other factors such as the absence of coercion, the victim's age, and the likelihood of the accused absconding are favorably considered. The court's discretion is influenced by the specifics of each case, including relationship dynamics and evidence available Saood vs State of Himachal Pradesh - Himachal Pradesh, Kuldeep Kumar Gupta vs State of Chhattisgarh - Chhattisgarh, G Sreekanth vs State Of Andhra Pradesh - Andhra Pradesh.
BNS in the FIR, whereas, Section 64 of the BNS was removed. Sections 69 and 351 (2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNSa href=".. ... However, the said marriage has been dissolved by way of decree of divorce. BNSS; iv) In case, the accused is released on bail, he may not be available for trial, as the investigation is still going on. 9. In this case, the prosecutrix/com....
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 3(5), 69, 351(2) - Information Technology Act, 2008 - Sections 67, 67(a) ... (Paras 3, 6) ... ... Facts of the case: ... The accused and the victim had a love affair, which ... (Para 1) ... ... (B) The court noted that the victim was a major and had an established relationship with the accused ... Considering the facts & circumstances of the case, also perused the statement of the victim under Section 183 BNS#HL_END....
(A) Bharatiya Nyaya Sanhita, 2023 - Sections 64(1), 69, 140(3), 238, 127(2), 127(4), 351(2), 3(5) - Bharatiya Nagarik Suraksha ... Sanhita, 2023 - Section 482 - Bail application - Applicant sought bail apprehending arrest in FIR alleging serious offenses including ... , noting the absence of immediate reporting of the alleged crime and the lack of evidence of coercion - Interim protection granted ... thereafter refused to solemnize marriage with her,....
BNS S ’) by the Petitioner/Accused for granting of pre-arrest bail in connection with Crime No.122 of 2025 of Punganur Urban Police Station, Chittoor District, registered for the alleged offence punishable under Sections 318 (2) and 69 of the Bharatiya ... the meaning of Section 375IPC”. ... The accused in his further statement recorded under Section 313CrPC had stated that she had filed the complaint as he refused to fulfil her dem....
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