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2026 DAILYLAW 7179 (CHH)

BABI KHAN @ YUNUS HUSSAIN v. STATE OF CHHATTISGARH

MCRCA/431/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 431 of 2026 • Babi Khan @ Yunus Hussain S/o Yusuf Hussain Aged About 25 Years R/o Talapara, Police Station Civil Line, District- Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Civil Line, District- Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. Ramsajivan, Advocate For Respondent/State Ms. Shailendra Sharma, Panel Lawyer For Objector : Mr. Pradeep Kumar Jogi, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.262/2026 registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offences punishable under Sections 69 of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that the victim made complaint to the concerned Police Station that, the applicant promised to marry her and continuously made physical relation with her from 25- 08- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 15:15:25 +0530 2 2020 to 26-10-2025 and when the victim got pregnant, the applicant deny to perform the marriage with the victim. On the complaint of the victim, the police has registered FIR and investigation is going on. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He further submitted that the victim is a major girl, approximately 25 years of age. He also stated that a relationship had existed between the victim and the applicant since 2020, which clearly indicates that the victim had voluntarily resided with the applicant for a considerable period. He further submitted that the relationship between the applicant and the victim was consensual. It was further argued that the investigation and the trial are likely to be time- consuming, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector would oppose the prayer for grant of anticipatory bail and State counsel further submits that as per the 183 of BNS statement of the victim goes to show that the relationship between the victim and the applicant was consensual; they engaged in physical relations, as a result of which the victim became pregnant twice and underwent abortions and now applicant denied to marry her. Therefore, the applicant is not entitled to anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, allegation levelled against the present applicant, also considering the 3 fact that victim is a major girl and she was consenting party and was in relationship with the applicant and when the same did not materialized it resulted in to the present FIR, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Babi Khan @ Yunus Hussain on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali