Abc vs State Of Chhattisgarh
2022 Latest Caselaw 5703 Chatt

                                       1



                                                                         NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRR No. 821 of 2022

      ABC (Delinquent Juvenile), Details of the Delinquent Juvenile are in
       enclosed Envelope with application )

                                                                 ---- Applicant

                                    Versus

      State Of Chhattisgarh Through Chowki Bhawarpur Thana Basna,
       Distt.- Mahasamund Chhattisgarh

                                                            ---- Non-applicant

For Applicant - Mr. Mohit Kumar, Advocate.
For State/Non-applicant - Mr. Shakti Singh, Panel Lawyer.
               Hon'ble Shri Justice Rakesh Mohan Pandey
                              Order on Board
12-09-2022

1.

This criminal revision has been filed under Section 102 of Juvenile

Justice (Care and Protection of Children) Act, 2015 (in short 'the Juvenile

Justice Act') against the judgment dated 22-06-2022 passed in Criminal

Appeal No.12/2022 by the Special Judge (NDPS) Saraipali, District

Mahasamund, Chhattisgarh whereby the order dated 11-05-2022 passed by

the Juvenile Justice Board rejecting the bail application of the applicant filed

under Section 12 of Juvenile Justice Act has been affirmed.

2. The case of the prosecution is that, on secret information, the police

intercepted the main accused Rohit Kumar along with present applicant who

were transporting 3.800 Kg. of ganja on a motorcycle.

3. Learned counsel for the applicant submits that main accused, namely,

Rohit Kumar has been enlarged on bail by this High Court. He further

submits that the present applicant is in observation home from 23-04-2022.

The quantity of ganja is 4.00 Kg. along with jute bag and 3.800 Kg. without

the bag.

4. On the other hand, learned counsel for the State/non-applicant

opposes the revision petition.

5. I have considered the submissions made by the respective parties and

perused the documents.

6. It appears that there is no adverse remarks in the social status report

given by Child Welfare Officer against the applicant, quantity of ganja is

3.800 Kg. which is less than commercial quantity, main co-accused has

already been enlarged on bail in MCRC No.4480/2022 vide order dated 02-

08-2022, the applicant is in observation home since 23-04-2022, therefore, I

am inclined to allow the instant criminal revision.

7. Accordingly, this criminal revision petition is allowed. The impugned

order dated 22-06-2022 passed by the Special Judge (NDPS) Saraipali,

District Mahasamund (C.G.) in Criminal Appeal No.12/2022 and the order of

the Juvenile Justice Board dated 11-05-2022 are set aside and the application

for grant of bail to the applicant is allowed. It is directed that on furnishing a

personal bond in the sum of Rs.50,000/- by natural guardian/present natural

guardian-uncle 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/present natural guardian-uncle.

8. One closed envelop has been submitted by learned counsel for the

applicant (juvenile) along with memo of Revision, which contains particulars of

the applicant (juvenile). The said envelop shall be made part of the record of

this order.

Sd/-

(Rakesh Mohan Pandey) Judge Aadil