Xxxx vs State Of Chhattisgarh

                                         -1-



                                                                             NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRR No. 84 of 2022
      XXXX
                                                                     ---- Applicant
                                      Versus
      State Of Chhattisgarh Through Police Station Chakardhar Nagar,
       Raigarh, District Raigarh, Chhattisgarh.


                                                                ---- Non-applicant
For Applicant - Shri Manoj Kumar Sinha, Advocate.
For State/Non-applicant - Shri Lalit Jangde, Deputy Govt. Advocate.
                  Hon'ble Shri Justice Deepak Kumar Tiwari
                             Order on Board
23-05-2022

1.

This criminal revision has been preferred against the judgment dated 15-12-2021 passed in Criminal Appeal No.87/2021 by the Additional Sessions Judge FTC, Raigarh, Chhattisgarh dismissing the appeal filed by the applicant and upholding the order of the Juvenile Justice Board rejecting the bail application of the applicant filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

2. It is submitted by learned counsel for the applicant that the order passed by the Juvenile Justice Board as well as the appellate Court are bad in law. Learned counsel for the applicant further submits that as per the report of the Probationary Officer which is in favour of the applicant, the applicant is student of Class-XI. The applicant is detained since 18 th August, 2021. The order passed by the Juvenile Justice Board as well as the appellate Court is contrary to the principles of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act, 2015'). Therefore, it is prayed that this criminal revision be allowed and that the applicant be enlarged on bail.

3. Learned counsel for the State/non-applicant opposes the revision petition and the grounds raised in this respect. It is submitted that the Courts below have rightly exercised the jurisdiction by rejecting the bail application of -2- the juvenile and there is no need to interfere with the order of the Courts below. Therefore, the revision petition may be dismissed.

4. Heard learned counsel for the parties and perused the documents.

5. Considered the submissions. It is settled principle that once a child is produced before the Juvenile Justice Board, bail is rule under Section 12 of the Act, 2015 and both the Courts below should have decided the bail application of the juvenile in view of the provisions as provided under Section 12 of the Act, 2015. In the impugned order there is no substantial ground mentioned for which the juvenile has to be denied for bail, as the juvenile involved in a heinous crime can be denied bail only if there is material available on record considering the circumstances of the case. Further, considering that there is no prima facie material to show that there is any likelihood that he may be exposed to any moral, physical or psychological danger or his association with the known criminals. So, this Court is of the view that the applicant can be enlarged on bail.

6. Accordingly, this criminal revision petition is allowed. The impugned order of the appellate Court and the order of the Juvenile Justice Board are set aside and the application for grant of bail to the applicant is allowed. It is directed that on furnishing of a personal bond in the sum of Rs.25,000/- by natural guardian of the applicant with two sureties in the like sum to the satisfaction of the concerned Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of his natural guardian.

Sd/-

(Deepak Kumar Tiwari) Vacation Judge Aadil