- Court grants anticipatory bail in rape case, citing consent.
- Relationship of consenting adults cannot be termed rape.
- Accused had long-standing consensual relationship with complainant.
- Allegations in FIR differed from woman’s recorded statement.
The Allahabad High Court has granted anticipatory bail to a man accused in a rape case, observing that a long-standing physical relationship between consenting adults cannot be termed as rape.
The order was passed by a single bench of Justice Rajiv Lochan Shukla while allowing the accused’s plea for pre-arrest bail. The court directed that the applicant be granted relief subject to conditions, including cooperation with the ongoing police investigation.
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Court Cites Nature of Relationship in Granting Relief
According to court records, the accused approached the High Court after an FIR was registered against him at Sidhari police station in Uttar Pradesh’s Azamgarh district. The case was filed under provisions of the Bharatiya Nyaya Sanhita (BNS), including charges of rape, causing hurt, and criminal intimidation.
During the hearing, counsel for the accused argued that his client had been falsely implicated. The defence maintained that the complainant, a widow with a 15-year-old son, had been in contact with the accused since 2022 and that their relationship was consensual.
It was further submitted that the woman’s statement recorded under the Bharatiya Nagarik Suraksha Sanhita (BNSS) differed significantly from the allegations outlined in the FIR.
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Prosecution Opposes Plea, Court Weighs Evidence
Opposing the bail application, the additional government advocate argued that the accused had forced himself on the woman at gunpoint and committed rape.
However, after considering the material on record, the court observed in its April 2 order that a prolonged consensual relationship between adults does not fall within the definition of rape.
“A long-standing physical relationship between consenting adults, in the opinion of the court, cannot be termed as rape,” the bench noted while granting anticipatory bail.
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