Sunita Shrivas @ Kajal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 911 of 2020 • Sunita Shrivas @ Kajal W/o Shri Dipak Shrivas, Aged About 37 Years R/o Uslapur, Police Station Sakri, Tahsil And District Bilaspur Chhattisgarh.

---- Appellant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station, Kotwali (Wrongly Mentioned As Ajak In The Order Sheet), Mungeli, District Mungeli Chhattisgarh.

---- Respondent For Applicant :

Smt. Smita Jha, Advocate on behalf of Smt. Soniya Kuldeep, Advocate For Respondent/State :

Shri Vimlesh Bajpai, G.A.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 26/11/2020

1. This appeal by the accused/appellant under Section 14 A (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 15.07.2019 passed by the Special Judge (Atrocities Act), Mungeli (C.G.) has refused to allow his regular bail under Section 439 of Cr.P.C. The appellant is in jail since 30.06.2019 in connection with Crime No. 419/2019 for the offence punishable under Sections 373, 376, 506/34 of I.P.C & 4 & 6 of Protection of Children from Sexual Offences Act and Section 3(2)(v) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, registered at Police Station- Kotwali Mungeli, DistrictMungeli (C.G.).

2. Learned counsel for the appellant submits that he does not want to prosecute the appeal and seeks to withdraw the same. However, he prays for grant of liberty to file afresh at an appropriate stage.

3. Counsel for the State has no objection to the above prayer.

4. Permission granted.

5. Accordingly, the Criminal Appeal is dismissed as withdrawn with liberty to file fresh appeal at an appropriate stage.

Sd/- (Gautam Chourdiya) Judge Nadim