Shobhran Singh Mar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 758 of 2020 • Shobhran Singh Mar, S/o Late Shyamnarayan Singh, Aged about 25 years, R/o Village Mangarhara (Cherwapara), P.S. Raghunathnagar, District Balrampur Ramanujganj (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station AJAK Balrampur Ramanujganj (C.G.) ---- State/Respondent For Appellant : Shri Shakti Raj Sinha, Advocate For Respondent/State :

Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order 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 impugned order dated 08.09.2020 passed by the Special Judge (Atrocities), Balrampur at Ramanujganj, District BalrampurRamanujganj (C.G.) in Special Sessions Case (POCSO/Atrocities) No. 58/2020, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 13.04.2020 in connection with Crime No. 10/2020 for the offence punishable under Sections 376, 450 & 376 (2) (n) of IPC; Sections 3 & 4 of POCSO Act and Sections 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- AJAK Balrampur, District Balrampur Ramanujganj (C.G.).

2. It is stated that notice has been served upon the prosecutrix, but, neither the prosecutrix is present nor is there any representation on behalf of her.

3. At the very outset, learned counsel for the appellant seeks to withdraw this appeal with liberty to file a fresh appeal as and when occasion arises.

4. Accordingly, the appeal is dismissed as withdrawn with the liberty as stated above.

Sd/- (Gautam Chourdiya) Judge vatti