Madhya Pradesh High Court Grants Bail in Alleged Rape Case on Grounds of Consensual Relationship
Court finds no merit in rape charges as victim concealed marital status, leading to consensual relationship with the accused.
In a significant judgment, the Madhya Pradesh High Court, presided by Justice Sandeep Natvarlal Bhatt, has granted bail to Ayjaz Ahmad Ansari in a case involving allegations of rape on the pretext of a false promise of marriage. The court concluded that no offence of rape was made out as the prosecutrix, who was already married and a mother of three, concealed her marital status from the accused.
The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertained to Crime No. 698/2025 registered at Police Station Hanumantal, District Jabalpur. The accused, a practicing doctor, had been in custody since October 7, 2025. The prosecutrix, reportedly unhappy with her marriage to Maksood Ahmad Ansari, entered into a consensual physical relationship with the accused, even performing a Nikahnama in July 2024 without disclosing her existing marital status.
The court noted that following the rejection of her divorce petition by the Family Court, Jabalpur in July 2025, the prosecutrix lodged a false FIR against the accused. This sequence of events was pivotal in the court's decision, as it aligned with the precedent set by the Supreme Court's judgment in Pramod Suryabhan Pawar v. State of Maharashtra (2019).
The court emphasized that the consensual nature of the relationship negated the claims of rape on the pretext of marriage. Consequently, the court directed the release of the accused on bail, requiring him to furnish a personal bond of Rs. 50,000 and comply with Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
This judgment underscores the importance of transparency in personal relationships and the legal boundaries surrounding allegations of rape based on false promises. The court's reliance on established legal precedents highlights the judiciary's commitment to ensuring justice is served based on factual and legal merits.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Court held that no offence of rape on the pretext of false promise of marriage is made out when the prosecutrix, already married with three children, concealed her marital status and entered into consensual physical relationship with the applicant.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Section 69, Section 296, Section 115(2), Section 480(3)
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