1. Bail – Section 69 Bharatiya Nyaya Sanhita, 2023 – Scope
Grant of bail in an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 depends upon the nature and gravity of allegations, role attributed to the accused, length of custody, stage of investigation, and possibility of tampering with evidence or absconding.
(Paras 1, 5–6)
2. Bail – Long Judicial Custody – Completion of Substantial Investigation
Where the accused has been in judicial custody for a considerable period, substantial portion of investigation is completed, material witnesses are examined, and no application for custodial interrogation is pending or maintainable, continued incarceration is not warranted.
(Paras 5–6)
3. Bail – Relationship Between Parties – Consensual Relationship Alleged
In a case where the complaint itself discloses a prior consensual relationship between the accused and the victim, known to elders of both families, and allegations arise subsequently due to refusal of marriage, such factors are relevant for consideration of bail, without adjudicating the merits of the case.
(Paras 3–4)
4. Bail – Victim’s Stand – Intention to Marry Accused
The submission of the victim that she still intends to marry the accused is a relevant circumstance for consideration of bail, though it does not by itself determine culpability.
(Para 3)
5. Bail – Permanent Residence – No Flight Risk
Where the accused is a permanent resident with a fixed abode and no material is placed to show likelihood of absconding, bail can be granted with stringent conditions to secure his presence.
(Para 5)
6. Bail – Stringent Conditions – Safeguard to Prosecution
Imposition of conditions such as periodical appearance before the police, restriction on travel, non-interference with witnesses, cooperation with investigation, and surrender of passport sufficiently safeguards the interest of prosecution while granting bail.
(Para 7(i)–(vii))
ANALYSIS
The Criminal Petition was filed seeking bail under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.222 of 2025 registered for the offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023.
The Court took note of the factual matrix disclosed in the complaint, which indicated a consensual love relationship of about two years between the petitioner and the victim, known to elders of both families, followed by sexual relations, pregnancy, and termination. The subsequent dispute arose when the parents of the petitioner allegedly did not agree for marriage and there were allegations of dowry demand.
While the prosecution opposed bail on the ground of sexual exploitation under the guise of marriage, the Court also considered the submission of the victim, through Legal Aid Counsel, that she still intended to marry the petitioner.
A decisive factor in favour of the petitioner was the length of custody—75 days of judicial detention—and the fact that nine witnesses had already been examined, with substantial investigation completed. The Court also recorded that the statutory period for seeking police custody had expired and that no application for custodial interrogation was pending.
The Court further found that the petitioner was a permanent resident with a fixed address, reducing the risk of absconding. Balancing the seriousness of the allegations with the progress of investigation and the period of incarceration, the Court held that further detention was not necessary.
Accordingly, bail was granted, subject to stringent conditions to ensure cooperation with investigation, prevent witness intimidation, and secure the petitioner’s presence during trial.
RATIO DECIDENDI
In a prosecution under Section 69 of the Bharatiya Nyaya Sanhita, 2023, where the accused has undergone prolonged judicial custody, substantial investigation is completed, material witnesses are examined, no custodial interrogation is required, and the accused has a fixed place of residence, continued incarceration is unwarranted; bail may be granted with stringent conditions, even having regard to the gravity of allegations, without expressing any opinion on merits.
