The Himachal Pradesh High Court has denied anticipatory bail to a man accused of sexually assaulting his fiancée, observing that being in a relationship does not give anyone the right to engage in sexual acts against the other person’s will.
Justice Chirag Bhanu Singh observed that a relationship, even one lasting several years and involving an engagement, cannot be treated as consent to sexual acts. The Court emphasised that “No” must mean “No”, while considering the seriousness of the allegations and medical evidence supporting the complainant’s version.
The Court also noted that the allegations were prima facie supported by the medico-legal report and that the accused’s alleged conduct towards the complainant and witnesses was relevant while deciding the anticipatory bail application.
Background Of The Case
The petitioner, Tarun Bharota, approached the Himachal Pradesh High Court seeking anticipatory bail in a case registered at Manali Police Station, District Kullu.
The FIR was registered under Sections 64(1), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, relating to allegations of rape, voluntarily causing hurt and criminal intimidation.
According to the complainant, she had been in a relationship with the petitioner for approximately ten years and was engaged to him.
She alleged that on August 23, 2026, the petitioner physically assaulted and sexually assaulted her. She further alleged that he burned her private parts with a lighter and choked her.
The complainant also stated that she had earlier been hospitalised for around 15 days because of a neck injury allegedly caused by the petitioner.
The petitioner denied the allegations and claimed that he had been falsely implicated.
Petitioner’s Arguments
The petitioner argued that the allegations were false and that the complaint had been filed after a delay of two days.
His counsel submitted that the petitioner and the complainant had been in a relationship for around ten years and were engaged to be married.
The petitioner also questioned the medical evidence and argued that there was no direct or indirect evidence connecting him with the alleged offences.
He further submitted that he was the sole breadwinner of his family and that custodial interrogation was unnecessary, particularly when the investigation was stated to be substantially complete.
On these grounds, he sought protection from arrest through anticipatory bail.
Complainant Opposes Bail
The complainant opposed the anticipatory bail application and relied upon the medico-legal evidence supporting her allegations.
Her counsel submitted that the medical examination recorded injuries and burn marks on different parts of her body.
It was also alleged that the petitioner had contacted, pressured and intimidated the complainant and other witnesses even after receiving interim protection from the Court.
The complainant argued that a long-standing relationship or engagement could not automatically establish consent to the alleged sexual acts.
High Court Examines Medical Evidence
The High Court examined the allegations and the medico-legal report placed before it.
The Court noted that the medical report recorded injuries and burn marks, which prima facie supported the complainant’s allegations.
Justice Chirag Bhanu Singh observed that the allegations had to be considered in the context of the seriousness of the offences and the material available at the anticipatory bail stage.
The Court also considered the alleged conduct of the petitioner after interim protection was granted, particularly the allegations of contacting and intimidating the complainant and other witnesses.
The Court held that these circumstances were relevant while deciding whether the petitioner was entitled to anticipatory bail.
Mere Relationship Does Not Establish Consent
The High Court strongly rejected the argument that a long-standing relationship could be treated as consent to sexual acts.
Justice Chirag Bhanu Singh observed that being in a relationship does not give a person a licence to sexually assault their partner.
The Court stated:
“Even if in a relationship, it did not give him a license to ravish the prosecutrix sexually and that too, in such a barbaric way. ‘No’ had to mean a ‘No’.”
The Court observed that the alleged conduct was totally inhuman and that the existence of a relationship could not justify sexual acts against the complainant’s will.
The judgment reinforces the principle that consent must be considered independently and cannot be presumed merely because two individuals are in a relationship or engaged to be married.
Delay In Filing Complaint Not Fatal At Bail Stage
The petitioner had relied upon the delay in lodging the complaint.
However, the High Court held that the delay could not be considered fatal to the prosecution at the anticipatory bail stage.
The Court observed that the nature and duration of the relationship between the parties were relevant while examining the circumstances surrounding the complaint.
It therefore declined to reject the complainant’s allegations merely because the complaint was lodged two days after the alleged incident.
The Court considered the medical evidence and the other circumstances before deciding the bail application.
Court Examines Principles Of Anticipatory Bail
The High Court reiterated that anticipatory bail is intended to protect individuals against unnecessary arrest and safeguard their personal liberty.
However, the Court observed that the interests of justice, fair play and public interest must also be considered while deciding such applications.
The gravity of the alleged offence and its impact on society are relevant factors, along with the circumstances of each individual case.
The Court held that the seriousness of the allegations, the medical evidence and the petitioner’s alleged conduct towards the complainant and witnesses did not justify granting anticipatory bail.
Court Flags Deficiency In Medico-Legal Report Format
Apart from deciding the bail application, the High Court raised concerns regarding the revised medico-legal certificate (MLC) format used in Himachal Pradesh.
The Court observed that the revised format did not contain a specific column recording the probable duration of injuries.
According to the Court, recording the probable duration of an injury is important for medical experts while assessing the nature and circumstances of an injury.
The Court noted that the omission could affect the usefulness of the medico-legal report.
It therefore directed the State to consider appropriate corrective measures, including making necessary changes to the revised format or reverting to the earlier format.
The Court also directed that a copy of the order be forwarded to the Principal Secretary (Home) and the Director General of Police for necessary action.
Himachal Pradesh High Court Denies Anticipatory Bail
After considering the allegations, medical evidence and circumstances of the case, the High Court dismissed the anticipatory bail petition.
The Court held that the material placed before it did not justify granting pre-arrest protection to the petitioner.
The decision was confined to the anticipatory bail application. The allegations remain subject to investigation and further proceedings, and the Court’s observations at this stage do not constitute a final determination of guilt.
Legal Significance
The judgment highlights an important principle concerning consent in relationships.
A relationship, engagement or long period of companionship does not automatically establish consent to sexual acts. Consent must be considered in relation to the particular act and the circumstances in which it occurred.
The ruling also demonstrates that courts may consider medical evidence, the seriousness of allegations and alleged attempts to influence witnesses while deciding anticipatory bail applications.
At the same time, the decision is an assessment at the pre-arrest bail stage and should not be treated as a final finding against the accused.
The Court’s observations concerning the MLC format also highlight the importance of accurate medical documentation in criminal investigations involving alleged physical and sexual assault.
