The court observed that the testimony of a key witness supported the couple’s claim that they had been living together for nearly a decade and even got “married” in a temple.

“The statement in question shows that the applicants’ claim that they are in a same-sex relationship is prima facie in their favour. It was specifically stated that they desired to have children, which is biologically impossible. In the current situation, it is not possible for them to adopt an underage child…

…In this case, at worst, it can be said that the applicants engaged in an unlawful approach by collaborating with accomplices to take the underage girl from her parents in order to satisfy their desire to have a child. This may indicate the nature of the offense under Section 363 of the IPC, which is bailable.,” the Court observed.