Santosh Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 846 of 2020 • Santosh Kumar Gupta, S/o Shivcharan Gupta, aged about 54 Years, R/o Shanti Nagar, Lailunga, Police Station and Tehsil Lailunga, District Raigarh Chhattisgarh.

----Appellant

Versus

• State of Chhattisgarh, Through Police Station Lailunga, District Raigarh Chhattisgarh.

---- Respondent For Appellant Mr. Manoj Paranjpe, Advocate with Mr.Shubhank Tiwari, Advocate.

For State Dr. (Ms.) Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 29/01/2021

1. This appeal by the accused/appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 10.06.2020 passed by the Special Judge (SC & ST Act) Raigarh, District Raigarh, C.G., refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 25.11.2019 in connection with Crime No.260/2019 for the offence punishable under Sections 363, 366A, 376D, 506 & 120B of Indian Penal Code, under Section 6 of POCSO Act and under Sections 3(1)(b) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Lailunga, District Raigarh, C.G.

2. Learned counsel for the appellant seeks to withdraw this appeal with

liberty to file a duly constituted bail application (under Section 439 of the Code of Criminal Procedure) afresh. However, he prays for return of certified copy of the impugned order.

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 Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.

4. 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 Akhilesh