The Gujarat High Court has granted bail to a 22-year-old man accused under Section 377 of the Indian Penal Code, ruling that his relationship with the complainant—a 64-year-old man—appeared to be consensual. This case comes in light of the 2018 Supreme Court decision that decriminalized consensual same-sex relations between adults.
Justice Hasmukh D. Suthar emphasized that no prior criminal history was linked to the accused. “It prima facie appears that a consensual relationship existed between the applicant and the complainant,” the judge noted while highlighting the young age of the accused.
In addition to the charge under Section 377, the man faced accusations of extortion under Sections 386 and 389, which involve using threats to extract money or other benefits. However, the court found no evidence to substantiate these claims. “There are no records of threats, monetary transactions, or coercive tactics by the applicant,” the order stated, clearing him of the extortion charges.
The complaint was initially lodged by the older man, but the defense argued that the young man had been falsely implicated. The High Court accepted the argument, remarking that with no evidence requiring further investigation and no imminent trial, the prolonged detention of the accused would be unjust.
Referring to the principle of bail jurisprudence, the court said, “Bail is a rule and jail an exception.” It stressed that holding the applicant without trial would amount to a premature conviction, violating the right to personal liberty under Article 21 of the Constitution.
With the bail approved, the man now awaits trial, though its timeline remains uncertain.
