Ishwar Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1028 of 2020 1.

Ishwar Netam S/o Neelam Netam, Aged About 22 Years, Residing At Village Sandevda, P.S. Karpawand, District Bastar (C.G.).

---- Appellant

Versus

1.

State Of Chhattisgarh, Through The Police Out Post Bakawand Police Station Nagarnar/Adim Jati Kalyan Thana Jagdalpur, District Bastar (C.G.).

---- Non-Applicant For Appellant : Mr. Pravin Kumar Tulsyan, Advocate.

For Respondent/State : Mr. Dinesh R.K. Tiwari, Dy. Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 08/02/2021 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 04/12/2020 passed by the Special Judge (S.C./S.T. Act), Jagdalpur, District Bastar (C.G.), refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 12/10/2020 in connection with Crime No. 10/2020 for the offence punishable under Section 376 of IPC and under Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and registered at Police Station Nagarnar/ Adim Jati Kalyan Thana Jagdalpur, District Bastar (C.G.). 2) Learned counsel for the appellant seeks to withdraw this appeal with liberty to file bail application before the concerned Trial Court.

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

4) Prosecutrix alongwith her grand father Bharat Kashyap are present in person and raised objection to release of the appellant on bail.

5) Permission granted.

6) Accordingly, the Criminal Appeal is dismissed as withdrawn with aforesaid liberty.

-Sd/- (Gautam Chourdiya) Judge Chandrakant