A ((Juvenile) vs State Of Chhattisgarh
2022 Latest Caselaw 1075 Chatt

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                                                                             NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                           Criminal Revision. No. 186 of 2022

      A (Juvenile) S/o. B, aged 17 years, R/o. District Rajnandgaon (C.G.)
       Natural Guardian Grand Father/Guardian/ S/o C Aged about 63 years R/o X,
       Police Station: Police Chouki Chikli, Police Station City Kotwali, District
       Rajnandgaon (C.G.)
                                                                      ---- Applicant
                                      Versus
      State of Chhattisgarh, Through- Police Station Police Chouki Chikili, Police
       Station City Kotwali, District Rajnandgaon (C.G.)
                                                            ---- State/Non-Applicant

  For Applicant               :   Shri Rishabh Bisen, Advocate
  For Non-Applicant/State     :   Shri Kashif Shakeel, Deputy Advocate General

                   Hon'ble Shri Justice Gautam Chourdiya, J
                                Order on Board
25.02.2022
   1.

Heard on I.A. No. 01/2022, application for grant of interim bail.

2. This criminal revision under Section 102 of the Juvenile Justice (Care and

Protection of Children) Act has been preferred against the judgment dated

28.12.2021 passed by the Additional Sessions Judge (Fast Track Special

Court), Rajnandgaon (C.G.) in Criminal Appeal No. 58/2021, upholding the

order dated 15.12.2021 passed by the Principal Magistrate, Juvenile Justice

Board, Rajnandgaon (C.G.) rejecting the bail application of the applicant in

connection with Crime No. 597/2021 registered at Police Chouki Chikli,

Police Station City Kotwali, District Rajnandgaon (C.G.) for the offence

punishable under Section 302/34 of IPC and Section 3 (2) (v) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel for the applicant submits that the applicant/juvenile is a

student of Class 12th and his examination will commence from 2 nd March,

2022. Alongwith covering memo dated 22.02.2022, counsel for the applicant

has filed Admit Card and Marksheet of last year relating to Time Table of

Class 12th of CGBSE. He prays for releasing the applicant on interim bail for

limited period.

4. State counsel has no objection.

5. Father of the deceased is connected through video conferencing from

District Legal Services Authority, Rajnandgaon and he was identified by an

employee of DLSA, Rajnandgaon. Father of the deceased stated that he has

objection to grant of bail to the applicant by this Court.

6. Considering the facts and circumstances of the case, considering the 12 th

Class examination of the applicant which is to be conducted from

02.03.2022 to 24.03.2022, without commenting anything on merits of the

case, this Court is of the opinion that present is a fit case to release the

applicant on interim bail.

7. Accordingly, I.A. 01/2022, application for temporary bail, is allowed.

8. It is directed that the applicant shall be released on interim bail from

25.02.2022 till 28.03.2022 on furnishing two surety bonds of Rs.50,000/-

each, one of which is to be of the natural guardian of the juvenile, to the

satisfaction of the concerned Juvenile Justice Board, for his appearance as

and when required before Juvenile Justice Board and the applicant-juvenile

shall be given in custody of his natural guardian. The applicant/juvenile shall

surrender before the concerned Juvenile Justice Board positively on

28.03.2022.

9. Certified copy today.

10. List this matter on 05.04.2022.

Sd/-

(Gautam Chourdiya) Judge vatti