The Punjab and Haryana High Court granted bail to a music director after noting that both parties were adults, were in a live-in relationship, got engaged, and the FIR came after their relationship broke down.
CHANDIGARH: The Punjab and Haryana High Court has granted regular bail to a music director accused of rape, unnatural offences, blackmail, threats and other allegations after noting that the accused and the complainant were both majors and were in a live-in relationship.
Justice Vikram Aggarwal observed that the relationship between the parties had later turned sour, and the allegations were about a period much before the FIR was registered.
The case was registered on the complaint of an actress. As per the FIR, she came in contact with the petitioner through social media in 2025. Later, both of them got engaged on 06.08.2025.
The complainant alleged that the petitioner gave her an intoxicating substance and then established physical relations with her without her consent. She also alleged that he recorded obscene videos, blackmailed her, and repeatedly assaulted her.
Allegations were also made regarding incidents during trips to Shimla and Pathankot. She further accused him of physical violence, threats and forcing her to consume drugs.
The petitioner’s lawyers argued that the allegations were false and that the parties were in a consensual live-in relationship. It was submitted that the complainant had also lived with the petitioner along with her mother. The defence argued that the FIR was filed only after the relationship went bad.
It was also argued that the petitioner had clean antecedents, had already remained in custody for more than one month, and no recovery was pending from him.
The State and the complainant opposed the bail plea. They argued that the allegations were serious in nature and included rape, unnatural offences and criminal intimidation. They also submitted that the investigation was still going on, and if the petitioner was released on bail, he could influence the complainant or tamper with evidence.
After hearing all sides, the High Court noted that it was not disputed that the petitioner and the complainant were in a live-in relationship. The Court also noted that both parties were engaged and both were adults.
The Court observed:
“Petitioner and the complainant were in a live-in-relationship. They were also engaged on 06.08.2025. Both are majors. The allegations of rape and other unnatural offences pertain to a period much prior to the registration of the FIR. It appears that on account of relations having gone sour, the FIR was got registered.”
The High Court further noted that the petitioner had no criminal antecedents and had been in custody since 12.05.2026. The Court made it clear that it was not commenting on the merits of the case and that the question of guilt would be decided during trial.
Considering the overall facts and circumstances, the Punjab and Haryana High Court held that the case was fit for grant of regular bail.
EXPLANATORY TABLE: LAWS AND PROVISIONS INVOLVED
| Law / Provision | Purpose | How It Applied In This Case |
| Rape Allegation | To punish physical relations alleged to be without free consent. | The complainant alleged that the petitioner established physical relations with her without consent after giving her an intoxicant. |
| Unnatural Offences | To deal with allegations of sexual acts described as unnatural offences. | The State and complainant opposed bail by saying the allegations included unnatural offences, but the Court noted these allegations related to a period much before the FIR. |
| Criminal Intimidation | To punish threats, fear, pressure or intimidation caused to a person. | The complainant alleged threats and blackmail. The State argued that bail could allow the petitioner to influence her or tamper with evidence. |
| Administration Of Intoxicant | To deal with allegations where a person is given an intoxicating substance to affect free will or consciousness. | The complainant alleged that the petitioner gave her an intoxicant before establishing physical relations. |
| Obscene Videos / Blackmail | To address allegations involving recording or misuse of obscene/private material to threaten or control someone. | The complainant alleged that obscene videos were recorded and used for blackmail. This formed part of the serious allegations against the petitioner. |
| Physical Assault / Violence | To punish use of physical force, beating or bodily harm. | The complainant alleged repeated assault, including during trips to Shimla and Pathankot. |
| Forced Consumption Of Drugs | To deal with allegations of forcing a person to consume drugs against their will. | The complainant alleged that she was forced to consume drugs, which was relied upon to oppose bail. |
| Regular Bail | To release an accused from custody during trial when continued detention is not necessary. | The High Court granted regular bail after noting the live-in relationship, engagement, custody period, no criminal antecedents and no pending recovery. |
| Live-In Relationship | To show the nature of relationship between two consenting adults living together without marriage. | The Court noted that the petitioner and complainant were in a live-in relationship, which was an important factor at the bail stage. |
CASE DETAILS
- Case Title: XXX v XXX
- Case Number: CRM-M-32740-2026
- Court: Punjab and Haryana High Court
- Bench: Justice Vikram Aggarwal
- Counsels:
- For Petitioner: Mr. Samay Sandhawalia, Advocate and Mr. Vinod Kumar, Advocate
- For State: Mr. Amit Shukla, DAG, Punjab
- For Complainant: Mr. J.S. Gill, Advocate
KEY TAKEAWAYS
- Live-in relationship cannot be ignored at the bail stage when both parties are adults, lived together and were engaged.
- A failed relationship should not automatically become a rape FIR when the allegations arise after relations turn sour.
- Timing of the FIR matters, especially when old allegations are raised much later after dispute.
- Clean antecedents, custody since 12.05.2026 and no pending recovery helped the accused get bail.
- Bail is not acquittal, but jail cannot become punishment before trial only because serious allegations are made.
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