Punjab & Haryana High Court Grants Interim Bail To Man Accused Of Rape On Pretext Of Marriage To Enable Him To Marry Victim

The Punjab & Haryana High Court on Wednesday granted interim-bail to a man accused of committing rape on pretext of false promise of marriage, to enable him marry to marry the alleged victim.

The man was accused under Section 69 of BNS, the provision which was introduced by the new criminal law.

As per Section 69 of the BNS, whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Justice H.S. Grewal stated that, "The marriage of the applicant/petitioner is to solemnize with respondent No.2 (complainant) on 15.06.2025. The complainant/respondent No.2 is six months pregnant and wants to marry with the applicant/petitioner with her own free will, therefore, this Court deems it appropriate to grant him the benefit of interim bail to the petitioner w.e.f. 12.06.2025 to 03.07.2025."

Counsel appearing for the accused submitted that the complainant and the petitioner were in a relationship and she is six months pregnant. Now, the matter has been compromised with the intervention of the respectables of the village and the complainant has decided to get marry with the applicant/petitioner with her own free will.

On the other hand, the victim present along with counsels stated that she has no objection if the petitioner is granted interim bail as their marriage is scheduled for 15.06.2025.

She further submitted that she is major, and wants to marry the petitioner with her own free will and a petition for quashing of FIR on the basis of compromise would likely to be filed.

Consequently, the application was allowed and the petitioner was directed to be released on interim bail w.e.f. 12.06.2025 to 03.07.2025 subject to his furnishing requisite bonds to the satisfaction of trial Court.

Mr. Lakhwinder Singh Lakhanpal, Advocate for the applicant/petitioner.

 Mr. Gautam Thapar, Sr. DAG, Punjab

Mr. Harlove Singh Rajput, Mr. Jashandeep Singh Bains, Advocate appeared for the complainant/respondent No.2.

Title: HXXXXX v. State of Punjab & Ors