Chattisgarh High Court
X vs The State Of Chhattisgarh on 15 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No.895 of 2022
X
Petitioner
Versus
The State of Chhattisgarh, Through Station House Officer,
Police Station Devendra Nagar, District Raipur,
Chhattisgarh
Respondent
For Applicant : Mr.R.K.Pali, Advocate
For Respondent/State : Mr.Sakti Singh, Panel Lawyer
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
15.11.2022
Heard.
1. This criminal revision is filed under Section 102 of the
Juvenile Justice (Care and Protection of Children) Act,
2015 (for short 'Act of 2015') read with Section 401 of
the Code of Criminal Procedure against the order dated
21.7.2022 passed by the Additional Sessions Judge (FTC),
Raipur, in Criminal Appeal No.169/2022, whereby the appeal
preferred by the present applicant has been dismissed
therein affirming the order dated 12.7.2022 passed by the
Juvenile Justice Board, Raipur in Case No.778/2022.
2. Mr.R.K.Pali, learned counsel for the applicant, would
submit that the applicant (juvenile) is innocent and has
been falsely implicated in the case, learned trial Court
should have considered that as per Section 12 of the Act
of 2015, the juvenile may be released on bail. He further
submits that the Court below has not examined the case in
the spirit of Section 12 of the Act of 2015 and
mechanically rejected the bail application of the
applicant. He also submits that the applicant has been
arrested only on the basis of memorandum of coaccused.
There is no clinching or connecting evidence against the
present applicant. He is school going boy and is in
observation home since 9.4.2022. Therefore, he may be
considered for grant of bail.
3. On the other hand, learned counsel for the State opposes
the prayer for grant of bail. He however submits that
social investigation report is in favour of the applicant.
4. Having considered the submissions, particularly the social
investigation report as also object of Section 12 of the
Act of 2015 and also considering that the applicant is in
observation home since 9.4.2022, I am inclined to allow
this criminal revision.
5. Consequently, criminal revision is allowed. The judgment
dated 21.7.2022 passed by the Additional Sessions Judge
(FTC), Raipur, in Criminal Appeal No.169/2022 and order
dated 12.7.2022 passed by the Juvenile Justice Board,
Raipur are set aside. It is directed that on furnishing a
surety of Rs.25,000/ along with a bond of same amount
which are to be of his natural guardian/father/mother, to
the sanctification of the concerned Juvenile Justice
Board, for his appearance as when when directed, the
applicant shall be given in custody of his natural
guardian/father/mother. Along with bail bond, copies of
the Aadhar Card and coloured Post Card full size photo
shall also be submitted by the applicant as well as by the
surety, which shall be duly verified by the trial Court.
6. It is observed that the person standing as surety will
furnish an undertaking that the applicant shall not come
in contact with any bad element and in case, if he is
found to be indulged in any unlawful act, the
surety/father of the applicant shall inform the same to
the concerned Police Station.
Certified copy as per rules.
Sd/
(Deepak Kumar Tiwari)
Judge
B/
