3 Answers
Dear Client,
It is legally possible for the court to grant bail on the very first bail application in a Section 69 BNS case, even on the same day of hearing, but it is not automatic because the offence is non‑bailable and punishable with up to 10 years, so the judge will closely examine factors like whether the relationship appears consensual, delay in FIR, contradictions in the victim’s version, the accused’s background and criminal history, and the risk of threatening or influencing the victim or tampering with evidences. The victim’s compromise or no‑objection affidavit and the fact that the accused has already spent about 13 days in custody with her statement recorded can be used as strong grounds to press for bail on the next hearing date, but they do not create a legal “right to bail”. Default or statutory bail arises only after 60 or 90 days of custody depending on the offense, so at this stage bail is still a matter of judicial discretion based on how convincingly the defense lawyer presents the facts and what the judge makes of the seriousness of the allegations.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Sir,
Considering the sequence of events you have described, there is certainly a reasonable possibility of the accused being granted bail, even on the first bail application, depending upon the nature of the offence under Section 69 and the overall facts of the case. The fact that the accused has already been in judicial custody for about 13 days, that the victim’s statement has been recorded before the Magistrate, and that there is now a compromise affidavit submitted by the victim are all relevant factors that the Court may take into consideration. However, it is important to note that if the offence falls under a serious or non-compoundable category, the Court is not strictly bound by the compromise and will independently assess the gravity of the allegations, the stage of investigation, and the possibility of tampering with evidence or influencing witnesses.
That said, once the victim’s statement has been completed and especially if the victim is not opposing bail (even if not explicitly stated earlier), Courts generally lean towards granting bail unless there are strong reasons to deny it. Since the matter is already listed for hearing, there is a fair chance that the Court may consider and decide the bail application on the same day, particularly if the prosecution does not raise strong objections. Therefore, while bail is not automatic, in the present circumstances, there is a practical and reasonable likelihood of the accused being released on bail at the earliest hearing, subject to conditions imposed by the Court.
Dear Client,
Under the new Bharatiya Nyaya Sanhita, Section 69 (sex by deception, e.g. false promise of marriage) is cognizable, non-bailable and non-compoundable. This means the accused has no right to bail it is wholly at the court’s discretion. Crucially, private “compromise” or withdrawal by the victim has no legal effect in a non-compoundable offence. Once an FIR is lodged, the case lies between the State and accused; the victim’s affidavit cannot automatically quash or dismiss the charge. (Courts have held that in non-compoundable crimes, bail cannot be granted merely on a compromise affidavit.)
Bail timing: The accused can be considered for bail at the first court hearing (here 6/4/2026) only by the Sessions or High Court. Default-bail rules under CrPC/BNSS (release after 60/90 days if no charge-sheet) are not yet triggered only 13 days have passed. In fact, Section 187(3) BNSS (formerly CrPC 167(2)) provides that after 60 days (90 for very serious offences), the accused must be released on bail if charge-sheet is not filed. Thirteen days is far short of those periods, so the accused isn’t entitled to automatic bail yet.
However, the accused should press bail at the first hearing (6/4/2026). At that hearing, the Judge will decide on bail in the court’s discretion. Factors favoring bail include: victim no longer wants to prosecute (as shown by the affidavit), absence of risk to the public or evidence, and the delay already suffered. Courts have granted bail in Section 69 cases in appropriate circumstances (e.g. Kerala HC granted bail in a case under Section 69 BNS). There is no rule barring “same-day bail” at the hearing if the judge is convinced, release can be ordered at once. But nothing forces the court to grant bail on the spot in a non-bailable case.
Key points for counselling: The accused has been remanded for 13 days. This is well below the 60/90‑day default-bail threshold. The victim’s compromise affidavit cannot itself void the charge, but it can be argued in mitigation at the bail hearing. In practice, if the victim now insists on no punishment, the Sessions Judge may feel freer to grant bail under suitable conditions. Thus, prepare a comprehensive bail petition for the hearing on 6/4, emphasizing (a) the minor delay already suffered and (b) the victim’s desire not to continue, while noting the law that Section 69 is non-compoundable. Ultimately bail is not automatic, but it is possible if the court is persuaded.
I hope this helps, and if you have any further issues, do not hesitate to contact us.