High Court Of ChhattisgarhCRA/930/2020withdrawn

Mohammad Rafique v. State Of Chhattisgarh

2021-01-29Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 930 of 2020 • Mohammad Rafique, S/o Mohammad Gabu, Aged About 33 Years, At Present Address C. I. S. F. Constable No. 093460125 Sector-03, Sadak-8/12A, Bhilai, District- Durg Chhattisgarh.

---- Appellant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bhilai Bhatthi, District - Durg Chhattisgarh. ---- Respondent For Appellant : Smt. Smita Jha, Advocate For Respondent : Dr. (Ms.) Veena Nair, Dy.A.G.

Hon'ble Justice Shri 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 14.08.2020 passed by the Additional Sessions Judge, 4th FTC (POCSO Act) Durg (C.G.) in Crime No. 83/2020 refusing to allow his regular bail under Section 439 of Cr.P.C. for the offence punishable under Section 306, 376 of IPC and Section 3 (2)(V) of the SC/ST Act, registered at Police Station- Bhilai Bhatthi/Azak, District- Raigarh (C.G.).

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

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

4) Husband of the deceased is present in person and he vehemently objected to the appeal filed by the appellant for grant of bail.

5) Permission granted.

6) Accordingly, the appeal is dismissed as withdrawn with the liberty as stated above.

Sd/- (Gautam Chourdiya) Judge Nadim