Durgeshwari Nishad v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 731 of 2021 • Durgeshwari Nishad, D/o Visahat Nishad, aged about 26 Years, R/o Village Piparharan, Police Station and Tahsil Arang, District Raipur, Chhattisgarh.

---- Appellant

Versus

• State of Chhattisgarh, Through the Station House Officer, Police Station Mahasamund, District - Mahasamund, Chhattisgarh. ---- Respondent For Appellant Shri Manoj Kumar Jaiswal, Advocate.

For State Shri K.K. Singh, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 19/07/2021

1. The matter is heard through Video Conferencing.

2. This appeal by the accused/appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is directed against the order dated 15.06.2021 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Special Judge (POCSO Act), Mahasamund, C.G., refusing to allow her regular bail under Section 439 Cr.P.C. The appellant has been arrested in connection with Crime No.195/2021 for the offence punishable under Sections 354, 354(C), 509 B of Indian Penal Code and Section 67(A) of I.T. Act, Section 08 of POCSO Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act and registered at Police Station Mahasamund, District Mahasamund, C.G. .

3. Learned counsel for the appellant submits that he does not want to prosecute this appeal and seeks to withdraw the same with liberty to file appropriate application before the appropriate Bench. However, he prays for return of certified copy of the impugned order.

4. Permission granted.

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 Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.

6. 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