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High Court Of ChhattisgarhCRA/726/2020dismissed

Sanjay @ Shanidas v. State Of Chhattisgarh

2020-12-15Hon'Ble Shri Justice Gautam Chourdiya1 pages

Cr.A. No. 726 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 726 of 2020 • Sanjay @ Shanidas son of Kamal Das, aged about 20 years, residence of Motisagar Para Ward No. 7, Thana Kotwali, Tahsil and District - Korba (C.G.) ---- Appellant

Versus

• State of Chhattisgarh Through Police Station AJK Korba, District Korba (C.G.) ---- Respondent/State For Appellant : Shri Vikas Pandey, Advocate For Respondent/State : Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board 15.12.2020

1. This appeal by the accused/appellant under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 14.09.2020 passed by the Special Judge (SC/ST Act), Korba, District Korba (C.G.) in Bail Application No. 274/2020, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 24.10.2017 in connection with Crime No. 663/2017 for the offence punishable under Sections 363, 366(A) & 376 of IPC; Section 6 of POCSO Act and Section 3(2) (v), 3 (2) (B) & 3 (2) (VA) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- AJK Korba, District Korba (C.G.)

2. Looking to the fact that first bail application of the present appellant was dismissed on 19.06.2018 by the coordinate bench of this Court in M.Cr.C. No. 1605 of 2018, at that time charge sheet was already filed, further at present there is no change in the facts and circumstances of the case, this Court is of the opinion that present is not a fit case for grant of bail to the appellant. Accordingly, the appeal is dismissed. Sd/- (Gautam Chourdiya) Judge vatti