Chattisgarh High Court
Abc vs State Of Chhattisgarh on 16 January, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 712 of 2022
ABC
---- Applicant
In custody
Versus
State Of Chhattisgarh, Through Station House Officer, Police
Station Dongargarh (Police Chowki - Mohara), Rajnandgaon,
Distt. Rajnandgaon (CG)
---- Respondent
For Applicant : Shri CP Lahrey, Advocate.
For Respondent/State : Shri Lalit Jangde, Dy. GA
Hon'ble Smt. Justice Rajani Dubey
Order on Board
16/01/2023
1. The present revision has been preferred under Section 102 of
Juvenile Justice (Care and Protection of Children) Act, 2015 (in
short 'the Act 2015') against the judgment dated 30.6.2022
passed in Criminal Appeal No.33/2022 by the Additional
Sessions Judge FTSC (POCSO), Rajnandgaon (C.G.), whereby
the learned Additional Sessions Judge has dismissed the appeal
arising out of order dated 2.6.2022 passed in Criminal Case
No.08/2022 by the Juvenile Justice Board, Rajnandgaon
dismissing the bail application of the present applicant.
2. This is the revision petition filed by the accused, who is juvenile.
The prosecution story, in brief, is that on 29.4.2022 the applicant
committed rape with the minor daughter, aged about 5 years of
the complainant. He filed an application under Section 12 of the
Juvenile Justice Act for granting bail, which was dismissed by the
Juvenile Justice Board vide order dated 2.6.2022. Against the
said dismissal, an appeal was preferred, which was also
dismissed by the impugned judgment. Hence, this revision.
3. Learned counsel for the applicant submits that in the present
case, the Juvenile Justice Board as well as the Appellate Court
have completely ignored to consider the statutory scheme of
Section 12 of the Act of 2015 which itself is pari materia of
Section 12 of the Act of 2000 while considering the application
for grant of bail under Section 12 of the Act of 2015. He further
submits that the applicant has been falsely implicated in the
present case. He has no criminal background. Orders passed by
both the Courts below are improper and contrary to the law. He
further submits that in view of provision contained in Section 12
of the Juvenile Justice Act, the applicant deserves to be released
on bail. The applicant is in custody 29.4.2022 and therefore, he
may be extended benefit of bail.
4. Counsel for the State submits that the orders passed by the two
Courts below being fully justified and in accordance with the
provisions of Section 12 of the Act do not warrant any
interference and the instant revision deserves to be dismissed.
5. On 5.9.2022 the victim/prosecutrix along with her father and
mother had appeared before this Court through video
conferencing from DLSA, Rajnandgaon and her parents raised
strong objection to release of the applicant on bail.
6. I have heard learned counsel both the parties and perused the
material available on record.
7. On perusal of the record including the social status report, which
is in favour of the applicant, I do not find any reasonable ground
having been brought before the Juvenile Justice Board or the
Police Authorities in respect of the so called threat of the juvenile
getting exposed to moral, physical or psychological danger or
coming in the company of known criminal.
8. In view of above consideration, the impugned judgment dated
30.6.2022 could not be sustained and is therefore, set aside.
The application under Section 12 of the Act of 2015 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.
9. The revision is accordingly allowed.
sd/
(Rajani Dubey)
Judge
Khan
