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High Court Of ChhattisgarhCRA/934/2020withdrawn

Anil Kushwaha v. State Of Chhattisgarh

2021-02-15Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 934 of 2020 • Anil Kushwaha, S/o Ayodhya Kushwaha, aged about 21 Years, R/o Mendhari, Semariyapara, Police Station- Basantpur, Distt. Balrampur-Ramanujganj.

----Appellant

Versus

1. State of Chhattisgarh, Through- Station House Officer, Police Station- Basantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh.

2. Prosecutrix, Through- Her Father Ramdayal Gond, S/o Sahdev Gond, aged about 40 Years, R/o Village Mendhari, Police StationBasantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Appellant Ms. Ankita Shriwas, Advocate.

For State Mr. Dinesh Tiwari, Deputy G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 15/02/2021

1. This appeal by the accused/appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 13.10.2020 passed by the Special Judge (S.C./S.T. Act), Balrampur-Ramanujganj, C.G., refusing to allow his regular bail under Section 439 Cr.P.C. The appellant has been arrested in connection with Crime No.104/2017 for the offence punishable under Sections 363, 366, 376 (2-<), 323, 376 (2>), 368, and 342/34 of Indian Penal Code, under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 5(B)/6 & 17 of

Protection of Children from Sexual Offences Act, 2012 and registered at Police Station Basantpur, District BalrampurRamanujganj, C.G.

2. Learned counsel for the appellant submits that she does not want to prosecute this appeal and seeks to withdraw the same with liberty to file appropriate application before the appropriate Bench. However, she prays for return of certified copy of the impugned order.

3. Permission granted.

4. Accordingly, the appeal stands dismissed as withdrawn with the aforesaid liberty.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 of the same.

Sd/- Gautam Chourdiya Judge Akhilesh