Delay In Lodging FIR And 9-Year Affair Grounds For Bail: Chhattisgarh HC

In a significant intervention regarding long-term relationships and delayed criminal proceedings, the Chhattisgarh High Court has granted regular bail to an accused facing sexual assault charges, highlighting the victim's nine-year-long affair and the substantial delay in reporting the alleged incident.

A Single Judge Bench of Hon'ble Shri Justice Rakesh Mohan Pandey adjudicated the regular bail application filed by the applicant. The Chhattisgarh High Court was hearing a plea for release in a case where the prosecution alleged sexual exploitation under the pretext of marriage, while the defense argued the existence of a consensual relationship that spanned nearly a decade.

Key Takeaways

Impact of Delayed FIRs

Delayed reporting of sexual assault in cases of long-term relationships significantly influences the court's discretion in granting bail during the trial phase.

Scrutiny of Consensual Relationships

Continuous affairs lasting several years are closely examined to distinguish between genuine exploitation and consensual relationships that have broken down.

Victim Consent in Bail Proceedings

While not the sole factor, a 'no objection' from the victim during bail hearings provides a strong procedural ground for the release of the accused.

Nine-Year Affair and Delayed Complaint

The Chhattisgarh High Court pointed out that the victim, who alleged sexual exploitation occurring when she was 15 years old in 2017, only lodged the FIR in 2026 after reaching the age of 24. It further noted that the victim's own deposition indicated a long-standing affair between the parties. The Bench expressed that “Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and fact that FIR was lodged by the victim on 29.04.2026 after attaining age of 24 years, in her deposition, victim has categorically stated that there was affair between applicant and victim, which continued for 9 years, applicant is in jail since 30.04.2026, and he has no criminal antecedent, therefore, without commenting anything on merits of the case, I am inclined to allow this application.”

Ratio

The existence of a long-term consensual relationship spanning several years, coupled with a significant delay in lodging an FIR (especially when lodged after attaining majority), and the absence of prior criminal antecedents, constitute valid grounds for the grant of regular bail, particularly when the victim raises no objection to the release.

Background

The applicant was arrested in connection with Crime No. 51/2026 for offences punishable under Section 376 and Section 376(2)(n) of IPC and Section 6 of POCSO Act. The prosecution's case was based on an FIR lodged on April 29, 2026, where the victim alleged that the applicant sexually assaulted her on the pretext of marriage since 2017, when she was a minor.

Counsel for the applicant argued that the relationship was consensual and had continued for a considerable period. They pointed out the delay in reporting and the fact that the victim had already been examined. The State, represented by the Panel Lawyer, opposed the bail, citing the victim's statement recorded under Section 183 of Bhartiya Nagarik Suraksha Sanhita, 2023 and the seriousness of the allegations involving a minor at the time the exploitation allegedly began. However, taking into account the duration of the relationship and the delay in filing the complaint, the Chhattisgarh High Court allowed the application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Details:
Case No.: MCRC No. 6950 of 2026
Neutral Citation: 2026:CGHC:44413
Case Title: Rajendra Prasad v. State Of Chhattisgarh
Appearances:
For the Petitioner(s): Mr. Shakti Raj Sinha, Advocate
For the Respondent(s): Mr. Sourabh Sahu, Panel Lawyer

Source: 2026 CaseBase(CTH) 19902