Chattisgarh High Court
Xyz vs State Of Chhattisgarh on 14 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 1077 of 2022
• XYZ.
---- Applicant
Versus
• State of Chhattisgarh, Through: Police Station Janjgir, District - Janjgir
- Champa, Chhattisgarh.
---- Respondent
For Applicant : Mr. Ramkumar Tiwari, Advocate. And
Mr. F.S. Khare, Advocate.
For Respondent/State : Mr. Sushil Sahu, P.L.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
14/12/2022
1. The present revision has been preferred against the order dated
11.10.2022 passed in Criminal Appeal No. 44/2022 by the learned
Additional Sessions Judge (FTC) Janjgir, District -Janjgir- Champa
(C.G.),/Special Judge (Under Section POCSO Act 2012) whereby the
learned Sessions Judge has rejected the appeal arising out of order
dated 21.09.2022 passed in Criminal Case No. 129/2022 dismissing
the bail application of the present applicant by the Chairman, Juvenile
Justice Board, Janjgir, C.G.
2. This is the revision petition filed by the accused, who is a juvenile. The
prosecution story, in brief, is that on 16.06.2022 at about 19 hours at
collectorate chowk, Janjgir the applicant along with other co-accused
persons assaulted the victim Love Dongre due to having old enmity
and further it is alleged that the present applicant assaulted the victim
with the help of a knife. Therefore, the offence under Sections 294,
506, 307, 34 of the IPC and Section 25 of the Arms Act has been
registered against him. On the date of occurrence, the present
applicant was a juvenile. He filed an application under Section 12 of
the Juvenile Justice Act for granting bail, which was dismissed.
Against the said dismissal, an appeal was preferred, which was also
dismissed. Hence, this revision.
3. Learned counsel for the applicant submits that the learned Court
below has passed the order against the principles of juvenile justice as
the applicant has no criminal background and the juvenile justice
board has already released the two other co-accused persons and the
applicant is in custody since 21.06.2022, the trial is likely to take some
time and keeping the applicant in custody it would affect his mental
and physical condition, therefore, the applicant may be released on
bail.
4. Per contra, learned counsel for the State supported the impugned
judgment and submits that there is one criminal antecedent of 2021
registered under Sections 294, 341, 323, 506, 34 of the IPC in
Criminal Case No. 125/2021 against the present applicant. However,
he submits that the social investigation report is in favour of the
applicant.
5. I have heard learned counsel both the parties and perused the
material available on record.
6. Having considered the submissions and particularly the facts and
circumstances of the case it is in the impugned order it has been
mentioned that earlier the injured had also caused injury to the
present applicant and his companion, further considering that the
other juveniles have already been released on bail, social
investigation report, considering the principles and objectives of the
Juvenile Justice Act, this Court find appropriate to release the
applicant on bail.
7. In view of above consideration, the impugned order dated 11.10.2022
could not be sustained and is therefore, set aside. The application
under Section 12 of the Act is allowed. The applicant shall be released
on bail forthwith on furnishing a personal bond in the sum of Rs.
25,000/-, by the parents or guardians of the applicant, as the case
may be, to the satisfaction of the Juvenile Justice Board for his
appearance before the Board, as and when directed.
8. The revision is accordingly allowed.
Sd/-
(Deepak Kumar Tiwari)
Judge
H.L. Sahu
