Xxx vs State Of Chhattisgarh
2023 Latest Caselaw 554 Chatt

                                   1

                                                                  NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRR No. 1171 of 2022
   1. Xxx Nill

   2. Yyy Nill

   3. Zzz Nill

                                                         ---- Applicants

                                Versus

   • State Of Chhattisgarh Through Police Station- Pathalgaon,
      District- Jashpur Chhattisgarh.

                                                       ---- Respondent

For Applicants : Mr. Manish Upadhyay, Advocate. For Respondent/State : Mr. Sushil Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board

27/01/2023

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

31.10.2022 passed by the learned First Upper Sessions Judge,

Kunkuri to the link Court, Patthalgaon, District- Jashpur (C.G.) in

Criminal Appeal No. 05/2022, upholding the order dated

14.09.2022 of the Juvenile Justice Board, Jashpur (C.G.)

rejecting the bail application of the applicants in connection with

Crime No. 225/2022 registered at Police Station- Patthalgaon,

District- Jashpur (C.G.) for the offence punishable under

Sections 302, 201, 120(B), 379 & 414 of IPC.

2. Case of the prosecution, in brief, is that in the midnight of

09.07.2022, applicants along with other co-accused persons

hatched a conspiracy to steal the motorcycle of the deceased

Iqbal Yadav and in furtherance of the conspiracy, applicants

strangulated the deceased with an intention to kill him and

thereafter, they stole the said motorcycle. It is further alleged that

the applicants took the dead body of the deceased on

motorcycle to Mainpart Hills near Kundi Jharia Nala and threw

away the body in order to hide the evidence and after 3 days of

the incident, applicants went back to the hiding spot and burnt

the dead body by pouring petrol. During investigation, on the

basis of memorandum statements of the applicants, burnt body

of the deceased along with other articles was found at Mainpart

Kumarta Hills near Kundi Jharia Nala.

3. Learned counsel for the applicants submits that applicants are

innocent and have been falsely implicated in this case. He

further submits that the learned Court below has passed the

order against the principles of juvenile justice as the applicants

have no criminal background and the applicants are in custody

since 24.07.2022, the trial is likely to take some time and

keeping the applicants in custody it would affect their mental and

physical condition, therefore, the applicants may be released on

bail.

4. On the other hand learned State counsel supports the impugned

judgment.

5. Heard learned counsel for the parties at length and perused the

material available on record.

6. Having considered the submissions and particularly the facts and

circumstances of the case, considering the social investigation

report and also considering the principles and objectives of the

Juvenile Justice Act, this Court is of the considered opinion that it

is a fit case to release the applicants on bail.

7. In view of above consideration, the impugned order dated

31.10.2022 could not be sustained and is therefore, set aside.

The application under Section 12 of the Act is allowed. The

applicants shall be released on bail forthwith on furnishing a

personal bond in the sum of Rs. 25,000/- each, by the parents or

guardians of the applicants, as the case may be, to the

satisfaction of the Juvenile Justice Board for their appearance

before the Board, as and when directed.

8. The revision is accordingly allowed.

Sd/-

(Rajani Dubey) Judge

Ruchi