Banbas Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 681 of 2020 1.

Banbas Yadav S/o Shri Taruni Yadav, Aged About 22 Years R/o Kenani Bahal, Police Station Tamnar, Tahsil & District Raigarh (C.G.).

---- Appellant

Versus

1.

State Of Chhattisgarh, Through S.H.O. of the Police Station Tamnar, Tahsil & District Raigarh (C.G.).

---- Respondent For Appellant : Shri Abhishek Saraf, Advocate.

For Respondent/State : Shri Vimlesh Bajpai, Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 25/11/2020 1) This appeal by the accused/appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 23/03/2020 passed by the Special Judge (Atrocities Act), Raigarh (C.G.) in Special Criminal case under the Atrocities Act / 47/2019, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 10/07/2019 in connection with Crime No. 119/2019 for the offence punishable under Section 363, 366, 376(a)(b) of IPC, under Section 6 of POCSO Act and under Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Tamnar, Tahsil & District Raigarh (C.G.). 2) Learned counsel for the appellant submits that he does not want to prosecute this appeal and seeks to withdraw the same. However, he prays for grant of liberty to file afresh at the appropriate stage.

3) Counsel for the State has no objection to the above prayer. 4) Permission granted.

5) Accordingly, the Criminal Appeal is dismissed as withdrawn with the liberty.

-Sd/- (Gautam Chourdiya) Judge Chandrakant