In a significant ruling, the Supreme Court of India has granted anticipatory bail to a London-based Non-Resident Indian (NRI) who was accused of raping a Mumbai-based advocate on the false promise of marriage. The bench, comprising Justices B V Nagarathna and Ujjal Bhuyan, set aside an earlier order from the Bombay High Court that had rejected his plea for pre-arrest bail.
Court's Order and Protective Directives
The apex court delivered its verdict on January 8, 2026, allowing the appeal filed by the information technology professional. The judges directed that if arrested, the appellant must be released on bail upon furnishing a cash security of Rs 25,000 along with two sureties. Crucially, the court ordered that the look-out notice, blue corner notice, and the proclamation declaring him a proclaimed offender be kept in abeyance.
Recognizing that the accused currently resides in London, the bench provided specific safeguards. It stated that the protective order would remain effective if he travels to India to cooperate with the investigation or for any other purpose. The court mandated that investigating authorities must inform him of the investigation dates well in advance to facilitate his travel.
Background of the Legal Case
The case originated from a complaint filed by a practising advocate from Mumbai. She alleged that the NRI man sexually exploited her under the false pretext of marriage while she was assisting him with his divorce proceedings. Based on her complaint, a First Information Report (FIR) was registered under several sections of the newly enacted Bharatiya Nyaya Sanhita, 2023, including Section 69 (pertaining to sexual intercourse induced by deceitful means or a false promise of marriage). Additional charges were invoked under the Information Technology Act, 2000, for violation of privacy.
Apprehending arrest, the accused approached the Bombay High Court seeking anticipatory bail. However, the High Court rejected his plea on October 15, 2025. This rejection prompted him to file an appeal before the Supreme Court. The top court had initially granted him interim protection on November 17, 2025, restraining authorities from arresting him until the next hearing.
Arguments Presented and Court's Observations
During the proceedings, the counsel for the appellant argued that the allegations were "wholly false and frivolous" and stemmed from a consensual relationship that had soured. The defence contended that neither party had any real intention to marry and that the criminal complaint was an abuse of the legal process. They emphasized that the appellant, an IT professional living overseas, was facing severe legal actions for a personal dispute.
Opposing the bail plea, the state counsel informed the court that multiple coercive measures had already been initiated against the accused. These included a blue corner notice, a non-bailable warrant, proclamation proceedings, and a look-out circular. The complainant's lawyer supported the state's stance, arguing that the serious nature of the allegations warranted a custodial investigation.
The Supreme Court, in its ruling, held that the appellant was entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bench imposed strict conditions for the grant of bail, mandating that the accused must fully cooperate with the investigation. He is prohibited from influencing witnesses or tampering with evidence. The court explicitly warned that any misuse of liberty would result in the cancellation of bail.
This ruling highlights the judiciary's careful balance between protecting the rights of an accused residing abroad and ensuring that a serious investigation can proceed unhindered. The decision to suspend international notices while imposing strict cooperation conditions sets a precedent for similar cases involving NRIs.
