Pramod Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 546 of 2021 • Pramod Vishwakarma, S/o Manoj Vishwakarma, aged about 19 Years, Caste- Lohar, R/o Village- Parri, P.S. and Tahsil- Surajpur, District- Surajpur, Chhattisgarh.

----Appellant

Versus

• State of Chhattisgarh, Through Arakshi Kendra, District- Surajpur, Chhattisgarh.

---- Respondent For Appellant Shri Gyan Prakash Shukla, Advocate.

For State Shri Anand Verma, Deputy G.A. for the State.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 09/06/2021

1. The matter is heard through Video Conferencing.

2. This appeal by the accused/appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 12.04.2021 passed by the Special Judge (Atrocities) Surajpur, District Raigarh, C.G., refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 01.01.2021 in connection with Crime No.556/2020 for the offence punishable under Sections 341, 323, 342, 365 & 376(?k) of Indian Penal Code and Section 3(1)(c)(1), 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 4 & 6 of POCSO ACT registered at Police Station Surajpur, District

Surajpur, C.G.

3. Learned counsel for the appellant seeks to withdraw this appeal with liberty to file a duly constituted bail application (under Section 439 of the Code of Criminal Procedure) afresh. However, he prays for return of certified copy of the impugned order.

4. Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.

5. Registry is directed to return the certified copy of the impugned order to the counsel for the appellant on his furnishing true authenticated Xerox of the same.

Sd/- Gautam Chourdiya Judge Akhilesh