Himachal Pradesh High Court Denies Anticipatory Bail in Sexual Assault Case

On October 12, 2026, the Himachal Pradesh High Court denied anticipatory bail to a man accused of sexually assaulting and physically abusing his fiancée. The court emphasized that a romantic relationship or engagement does not grant a partner the right to force sexual acts, asserting that consent must be respected.

Case Background and Allegations

The complainant alleged that she and her fiancé had been living together in Manali since May 2026. According to the FIR registered on August 25, the woman accused the man of physical and sexual assault on August 23, claiming he used a lighter to cause burns and choked her. Charges under the Bharatiya Nyaya Sanhita include:

• Section 64(1): Rape
• Section 115(2): Voluntarily causing hurt
• Section 351(2): Criminal intimidation

The defense argued that the man was falsely implicated and that the medical evidence was inconsistent. However, the prosecution maintained that the medical report documented various injuries and burn marks on the victim’s body.

Court Observations on Bail and Consent

Justice Chirag Bhanu Singh, while dismissing the plea, noted the severity of the alleged actions. The court stated that a relationship does not provide a "license to ravish" a partner and reaffirmed that "No" must strictly mean "No." The court acknowledged that the man may seek regular bail later but noted that allegations of witness intimidation also influenced the current decision.

Medico-Legal Report Discrepancies

During the proceedings, the court identified a significant procedural issue regarding the state's new medico-legal report (MLC) format for sexual offences. The current format lacks a column for doctors to record the nature and probable duration of injuries, which is essential for investigators to correlate medical findings with case timelines.

The court directed the state to address this omission in future reports and ordered the prosecution to obtain an expert opinion on the duration of the complainant's injuries. These observations are limited to the bail application and do not represent a final verdict on the criminal merits.