Dismissed¶27

Uttam Rana v. State of Chhattisgarh

Chhattisgarh HC24 Mar 2025CRA/556/2025

Case brief

AI extract

What is this about?

Uttam Rana v. State of Chhattisgarh, CRA No. 556 of 2025, Chhattisgarh High Court Bilaspur, single bench (Ravindra Kumar Agrawal, J.), order dated 25.03.2025, NAFR. Third bail application as criminal appeal under Section 14-A(1) SC/ST Act / Section 439 Cr.P.C.; maintainability objection based on Division Bench order dated 12.04.2023 in CRA No. 1797 of 2022 (para 31.1: successive appeal under Section 14-A POA Act on change of circumstances not directly maintainable; remedy is fresh application before Special Court); appeal dismissed as withdrawn with liberty. Keywords: successive bail application, withdrawal, Section 14-A SC/ST Act, Section 439 CrPC, CRA No. 1797 of 2022, Mahasamund, Komakhan police station.

What did the court decide?

Appeal dismissed as withdrawn with liberty to take appropriate remedy available to the appellant under the law.

Uttam Rana Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2025)

2025:CGHC:14383

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 556 of 2025

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1 - Uttam Rana S/o Brijlal Rana Aged About 31 Years R/o Ward No. 8, Brindavan, Police Station And Tehsil- Komakhan, District- Mahasamund (C.G.).

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... appellant

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versus

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1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Komakhan, District- Mahasamund (C.G.).

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... Respondent

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For Appellant : Mr. Shikhar Agnihotri, Advocate For Res. : Mr. Jitendra Shrivastava, Government Advocate

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Hon’ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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25.03.2025

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1. This is the third bail application of the appellant. The first bail application of appellant has been dismissed vide order dated 20.12.2024 passed in CRA No. 1813 of 2024 on merits. Thereafter, the appellant has filed another bail application in the form of CRA No. 329 of 2025 and when it transpires that the said criminal appeal in fact was the second bail application of the appellant and his earlier first bail application bearing CRA No. 1813 of 2024 was dismissed on 20.12.2024, the second bail application bearing CRA No.

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329 of 2025 was dismissed as withdrawn on 17.02.2025 with liberty to file afresh after disclosing the correct fact. Thereafter this third bail application has been filed by the appellant.

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2. The learned State counsel raised an objection in view of the order passed by the Hon’ble Division Bench of this Court dated 12.04.2023 in CRA No. 1797 of 2022. He would further stated that as per paragraph 31.1 of the said order, the Hon’ble Division Bench of this Court has held that ones an appeal is filed under Section 14-A of (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short”SC/ST Act”) against the order passed by the Special Court rejecting the application under Section 439 of the Cr.P.C. is decided on merits or otherwise by this Court subsequent appeal under change of circumstances would not be directly maintainable.

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3. The paragraph No. 31.1. of the order dated 12.04.2022 is reproduced herein below:-

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“31.1. Once an appeal under Section 14A of the POA act against the order passed by the Special Court rejecting the application under Section 439 of the cr.P.C. is decided on merits or otherwise by this Court, subsequent appeal under change of circumstances would not be directly maintainable under Section 14A of the POA Act before this Court even on change of circumstances and remedy to the accused, if any, is to file an application before the Special Court for grant of bail.”

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4. In view of the above, learned counsel for the appellant seeks permission of this Court to withdraw the present appeal with a liberty to take appropriate remedy available to him under the law.

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5. Learned State counsel has not objection to the preposition made by learned counsel for the appellant.

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6. On the submissions made by the learned counsel for the parties and also in view of the order dated 12.04.2022 passed in CRA No. 1791 of 2022 the

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appellant is permitted to withdraw the present criminal with a liberty as

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prayed for.

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7. Accordingly, the present appeal is dismissed as withdrawn with the aforesaid

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