Avinash Shrivastava v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2524 of 2020 • Avinash Shrivastava S/o Panna Lal Shrivastava, aged about 35 years, R/o Club Para, Police Station and District: Mahasamund C.G. ----Applicant

VERSUS

• State of Chhattisgarh through Station House Officer, Police Station Mahasamund, District Mahasamund C.G.

-------- Non-applicant For Applicant : Mr. Gurudev I. Sharan, Advocate For Non-applicant : Mr. Sudeep Agrawal, Dy. A.G. Hon'ble Shri Justice Parth Prateem Sahu Order 11/05/2020

1. Heard Mr. Gurudev Sharan, learned counsel for the applicant.

2. Learned counsel for the applicant seeks permission of this Court to withdraw this bail application.

3. Registry has pointed out that the first bail application was dismissed on 25.11.2019 against which bail application is pending before this Court.

4. Learned counsel for the applicant submits that due to mistake, the rejection of first bail application of the applicant by the Additional Sessions Judge (FTC) Mahasamund could not be brought to the notice of the learned counsel for the applicant in Court below and due to the said mistake, it was not mentioned in the application, second bail application or the pendency of the bail application before this Court in MCRC No. 8468/2019. He submits that the applicant is not much literate, the mistake is bonafide.

5. The mistake pointed out by the Registry is a serious one, but looking to the persuasive submission made by learned counsel for the applicant, this Court is not taking any action against the relative of the applicant who instructed to file bail application before the Court below.

6. Prayer made by the learned counsel for the applicant is allowed.

7. Bail application is dismissed as withdrawn. Sd/- (Parth Prateem Sahu) Judge Pawan