Chattisgarh High Court
Abc vs State Of Chhattisgarh on 17 October, 2022
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 967 of 2022
ABC Nill
---- Applicant
Versus
State of Chhattisgarh, Through- Station House Officer, Police
Station Tikrapara, District : Raipur, Chhattisgarh.
---- Non-Applicant/State
For Applicant : Shri C.R. Sahu, Advocate
For State/Non-Applicant : Shri Lalit Jangde, Dy. G.A.
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
17.10.2022
1) This Criminal revision under Section 102 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred
as "Act of 2015") is directed against the judgment dated
08.09.2022, passed by the Additional Sessions Judge (FTC),
Raipur, District- Raipur (CG) in Criminal Appeal No. 190/2022,
upholding the order dated 04.08.2022 of the Juvenile Justice
Board, Raipur (C.G.) rejecting the bail application of the
applicant/juvenile in connection with Crime No. 419/2022
registered at Police Station Tikrapara, Raipur (C.G.) for the
offence punishable under Sections 307, 341 read with Section
34 of IPC and Sections 25, 27 of Arms Act.
2) As per the prosecution story, on 13.07.2022 at about 8.00 to
08.15 hrs. when the victim Tribhuwan Singh was returning from
Abhanpur to Raipur, the present applicant alongwith co-accused
persons stopped him and inflicted knife injury over his thigh. The
allegations against the present applicant and one more juvenile
is that they were in company of the co-accused, who is adult. An
FIR was lodged by the injured and offence under Sections 307,
341/34 of IPC has registered.
3) Learned counsel for the applicant submits that the main
allegation is against the co-accused who is adult and who is in
jail, whereas another juvenile is granted bail by the learned
Juvenile Justice Board and the case of the present applicant is
similar to that juvenile. He further submits that injury was not
inflicted by the present applicant but it was inflicted by the co-
accused/adult on thigh of the victim. There is no recovery from
the present applicant, he is in observation home since
16.07.2022. In the social status report there is no adverse
remarks against the present applicant. Therefore, orders passed
by the learned Courts below may be set-aside and applicant may
be released on bail.
4) On the other hand, learned State counsel opposes the
arguments advanced by learned counsel for the applicant. He
submits that offence punishable under Section 307 of IPC has
been registered against the present applicant, therefore, he is
not entitle for grant of bail.
5) I have heard learned counsel for the parties and perused the
record as well as social status report. From record it appears that
knife injury was inflicted by the adult/accused person, who is in
jail, co-accused/juvenile has already been granted bail by the
Juvenile Justice Board, the applicant is in observation home
since 16.07.2022, charge-sheet has been filed, in the social
status report there is nothing adverse against him, considering
the above aspect, I am inclined to allow this Criminal Revision,
consequently, the orders passed by the learned Additional
Sessions Judge (FTC), Raipur & Principal Magistrate, Juvenile
Justice Board, Raipur on 08.09.2022 & 04.08.2022 are hereby
set-aside.
6) Accordingly, 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. 50,000/- by natural guardian of the applicant with one
surety 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/ father.
Sd/-
(Rakesh Mohan Pandey)
Judge
Nadim
