Kishore Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 877 of 2021 • Kishore Tiwari, S/o Shri R.P. Sharma, Aged About 37 Years R/o New Police Line Singarbhat, Kanker Police Station Bhanupratapur Tehsil Kanker District North Bastar Kanker Chhattisgarh. Permanent Address Ganganagar Sector 2, Police Station Civil Line Bilaspur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through SHO Police Station, Bhanupratapur District North Bastar Kanker Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------------------------- For Applicant :

Shri Sandeep Shrivastava, Advocate For Respondent/State :

Shri BL Sahu, PL -------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Parth Prateem Sahu Order on Board (Proceeding through Video Conferencing) 24.08.2021 1.

This is an application under Section 438 of CrPC for grant of anticipatory bail to the applicant as he apprehends his arrest in connection with Crime No. 96 of 2021 registered at Police Station Bhanupratappur, District-North Bastar, Chhattisgarh for commission of offenses punishable under Sections 376(D), 506, and 34 of IPC, Section 3(2)(5) of SC/ST Act and under Section 4 and 6 of POCSO Act.

2.

Learned counsel for the applicant submits that in view of provisions under Section 14A of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, he may be permitted to withdraw this bail application with liberty to file Criminal Appeal in terms of Section 14A of the Act of 1989. He also prays for a direction for return of impugned order.

3.

As prayed, MCRCA-877 of 2021 is dismissed as withdrawn with aforementioned liberty.

4.

Registry is directed to return certified copy of impugned order, keeping a photocopy of the same on record.

Certified copy as per rules.

Sd/- (Parth Prateem Sahu) JUDGE padma