Kuleshwar @ Chotu Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 700 of 2020 • Kuleshwar @ Chotu Sahu, S/o Devkaran Sahu, aged about 23 years, R/o. Darba, Chowki Birejhar, R.S./Tehsil- Kurud, District- Dhamtari, (C. G.) present R/o. Daldal Seoni Mowa, P.S. Mowa, Raipur (C.G.). ----Applicant

Versus

• State of Chhattisgarh, Through P. S. City Kotwali Dhamtari, District- (C.G.).

---- Respondent For Appellant :Shri Prasoon Agrawal, Advocate For State :Shri Dinesh Tiwari, Dy. G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 17/12/2020 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 05.07.2019 passed by the Sessions Judge (SC/ST Act), Dhamtari, District- Dhamtari (C.G.) refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since. 21.05.2019 in connection with Crime No. 228/2019 for the offence punishable under Sections 376 of IPC and Section 6 of Protection of Children from Sexual Offences Act (In short "POCSO Act") and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Kurud, District- Dhamtari (C.G.).

2.

Learned counsel for the appellant seeks to withdraw this appeal with liberty to file after some time. However, he prays for return of certified copy of the impugned order.

3.

The father of the prosecutrix is connected through Video Conferencing from District Legal Services Committee, Dhamtari and he objected for grant of bail to the appellant.

4.

Considering the submission of learned Counsel for the appellant he is permitted to withdraw this appeal with liberty as prayed for. The appeal is accordingly dismissed as withdrawn. 5.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 amita