The Punjab & Haryana High Court has granted interim bail to a man accused of engaging in a sexual relationship with a woman under a false promise of marriage. The interim relief was provided to enable the accused to solemnize marriage with the alleged victim, who is now six months pregnant.
The man is facing charges under Section 69 of the Bharatiya Nyaya Sanhita (BNS), a new provision in Indian criminal law. This section penalizes any person who, through deceit or by falsely promising marriage without any intent to fulfill it, has sexual intercourse with a woman. Although it does not amount to rape under traditional definitions, it carries a punishment of up to 10 years imprisonment and a fine.
Justice H.S. Grewal, while passing the order, stated:
"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."
The petitioner’s lawyer, Mr. Lakhwinder Singh Lakhanpal, argued that the accused and the complainant were in a consensual relationship. He added that elders from their village intervened, and the matter was amicably resolved. Following this, the complainant expressed her willingness to marry the petitioner.
The complainant appeared before the Court along with her legal counsel and confirmed:
"I have no objection if the petitioner is granted interim bail as our marriage is fixed on 15.06.2025. I am an adult and wish to marry him by my own choice. A petition to quash the FIR will also be filed soon."
Taking all submissions into account, the Court allowed the bail application and directed that the accused be released on interim bail from June 12 to July 3, 2025, upon furnishing the required bail bonds to the satisfaction of the 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