Gajanand Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 847 of 2020

1. Gajanand Sahu, age 19 Years, S/o Bhagat Ram Sahu,

2. Shyam Kumar Sahu, S/o Ramkhilawan Sahu, age 21 Years Both are R/o Chhatan, P.S. Fastarpur, District Mungeli Chhattisgarh.

----Appellants

Versus

• State of Chhattisgarh, Through Officer-In-Charge of P.S. Lalpur, District Mungeli Chhattisgarh.

---- Respondent For Appellants Shri Pallav Mishra, Advocate.

For State Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 10/02/2021

1. This appeal by the accused/appellants under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 16.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Mungeli, C.G., refusing to allow his regular bail under Section 439 Cr.P.C. The appellant has been arrested in connection with Crime No.122/2018 for the offence punishable under Sections 363, 366, 376(D)(A), 342, 34, 376(3) of Indian Penal Code, under Sections 5(G), 6 & 4 of Protection of Children from Sexual Offences Act and under Section 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Lalpur, Mungeli, C.G.

2. Learned counsel for the appellants 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.

3. Permission granted.

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 Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.

5. Registry is directed to return the certified copy of the impugned order to the counsel for the appellants on his furnishing true authenticated Xerox of the same.

Sd/- Gautam Chourdiya Judge Akhilesh