Uttam Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 734 of 2020 • Uttam Sinha S/o Govindram Sinha Aged About 25 Years By Caste Kalar, R/o Village Barkachar, Thana And Tahsil Charama, District Uttar Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Appellant.

Versus

1. State of Chhattisgarh Through Police Station Charama, District U.B. Kanker Chhattisgarh., District : Kanker, Chhattisgarh

2. Smt. Sagani Bai Mandavi W/o Late Itwari Mandavi Aged About 61 Years R/o Tirakadand, Charama, District U.B. Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------- For appellant :

Mr. Parag Kotecha, Advocate For respondent/State :

Mr. Vimlesh Bajpai, Dy.G.A.

For complainant :

None for the complainant though served Hon'ble Shri Justice Gautam Chourdiya, J.

Order on Board 01-02-2021 1.

The appellant has preferred this appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 12-32020 passed by learned Special Judge (SC & ST Act) Kanker, in Bail Application No. 60 of 2020, whereby the Special Judge has rejected bail application of the appellant preferred under Section 439 of Cr.P.C. which relates to Crime No. 233 of 2019, registered at Police Station Charama, Dist. Uttar Bastar, Kanker (CG) for the offence punishable under Sections

363,366, 376 of IPC, Sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(b), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

Learned counsel for the appellant seeks permission of court to withdraw this appeal with liberty to file M.Cr.C. 3.

Permission is granted.

4.

Accordingly, the instant criminal appeal is dismissed as withdrawn with the aforesaid liberty.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 appellant on his furnishing true authenticated xerox copy of the same.

Sd/- (Gautam Chourdiya) Judge Raju