1 2025:CGHC:34576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1063 of 2025 • Binay Kumar Singh S/o Shri Deenanath Singh Aged About 27 Years (Worngly Mentioned As Vinay In The Order Sheet) R/o Ward No.03 Naupada District Naupada (Odisha) (Wrongly Mentioned As Nawapara In The Impugned Order Sheet) .. Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station - Darri District Magistrate Korba District Korba (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 119/2025 registered at Police Station – Darri, District – Korba (C.G.) for the offence punishable under Sections 376(2)(n) of Indian Penal Code (wrongly mentioned as 69 of BNS, 2023 in the order-sheet). 2. According to the prosecution story, applicant has made physical relationship with the victim/prosecutrix on pretext of marriage and a 2 written report was lodged on 03.05.2025. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant and the victim were in a relationship since 2023 and prosecutrix is a major lady and consenting party. He further submits that there is a delay in lodging the FIR, time of offence is stated to be from 21.11.2023 but report is lodged on 03.05.2025, therefore, there is delay of about one and half year in lodging a report and Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that as per the statement of the prosecutrix recorded under Section 183 of BNS, prosecutrix was in contact with the present applicant, when he came to her neighbor/society for living in a rental house with his family and used to visit her neighbor, after some time present applicant started communicating with the prosecutrix over the phone and told her he loved her, during this period on 21.11.2023, applicant made physical relation with her on the pretext of marriage at different times, when she became pregnant, applicant gave her medication to induce an abortion, which led to a deterioration in her health, requiring treatment at Gopalpur Government Hospital, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, levelled against the present applicant and looking to the statement of the prosecutrix 3 recorded under Section 183 of BNS, wherein she has stated that the applicant and prosecutrix was in contact since 2023 and on the pretext of marriage, applicant had made physical relation with her at different times, when she became pregnant, applicant gave her medication to induce an abortion, which led to a deterioration in her health, requiring treatment at Gopalpur Government Hospital, as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Binay Kumar Singh filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 119/2025 registered at Police Station – Darri, District – Korba (C.G.) for the offence punishable under Sections 376(2)(n) of Indian Penal Code, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali