Chattisgarh High Court
A Juvenile In Conflict With Law vs State Of Chhattisgarh on 4 March, 2025
1
2025:CGHC:10620
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1296 of 2024
1 - A Juvenile In Conflict With Law Nil
... Applicant(s)
versus
1 - State Of Chhattisgarh Through The District Magistrate,
Manendragarh, District- M.C.B., Chhattisgarh.
... Respondent(s)
For Applicant(s) : Shri Shivendu Pandya, Advocate
For Respondent/State : Ms. Pragya Shrivastava, Dy.GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board
04/03/2025
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 order dated 06.09.2024 passed in Criminal
Appeal No.76/2024 by the learned Juvenile Court/Additional/Upper
Sessions Judge, FTSC Manendragarh, District MCB (C.G.), whereby
the learned Principal Judge has dismissed the appeal arising out of
order dated 18.07.2024 passed in Criminal Case No. 95/2023 by the
2
Principle Judge, Juvenile Justice Board,Baikunthpur dismissing the bail
application of the present applicant.
2. This revision petition has been filed by the accused, who is
juvenile. The prosecution story, in brief, is that the complainant namely
Gaya Prasad, father of the deceased Sahdev Singh, lodged a report at
police station Kelhari, District MCB to the effect that on 16.09.2023
when they were sleeping in the night, grandmother of the deceased
Foolmatiya informed that Sahdev Singh had died. The complainant
reached there along with his wife and came to know that some unknown
person had assaulted the deceased. It is further alleged that on the date
of incident ie. 16.09.20233, when Balram Singh and his brother Tirath
Singh were returning, they saw that accused Pappu Singh @
Rampratap Singh was assaulting the deceased with iron rod whereas
the present applicant was assaulted with hands and fists and on seeing
them, they fled away from the spot. On the basis of the said report,
Crime No. 86/2023 was registered at police station Kelhari, District MCB
under Section 302/34 IPC. The juvenile 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 18.07.2024 by
giving a finding that the offence was grievous in nature and was sent to
the observation home. Against the said dismissal, an appeal was
preferred, which was also dismissed by the impugned order. Hence, this
revision.
3. Learned counsel for the applicant/juvenile-conflict-with-law argued
that the provisions of Section 12 of Act of 2015 mandates that ” the
juvenile shall be released on bail with or without surety or placed under
3
the supervision of the probation officer or under the care of any fit
person. Provided that such person shall not be released on bail if there
appears reasonable ground for believing that the release is likely to
bring that person into association with any known criminal or expose the
said person to moral, physical or psychological danger, or the person’s
release would defeat the ends of justice”. In the case, in hand, learned
Juvenile Board has given a finding that looking to the seriousness of the
offence, appeal is dismissed and the Court below has not considered
the provision of Section 12 of Act of 2015 in its proper perspective and
thereby committed irregularity while rejecting the appeal. He further
submits that in order to find out the physical and mental status of
juvenile in conflict with law there is a provision under Section 14 and 15
of Act of 2015. He submits that the provision of Section 15 was
considered and the finding under Section 15 of the Act of 2015 has
already been given by Juvenile Justice Board to try the offence before
the Juvenile Justice Board and not before the Children Court, therefore,
the revision should be allowed and the applicant should be released on
bail. He submits that the main accused has been granted bail and the
juvenile in the present case has only gave hand and fist blows on the
deceased and the Social Status report submitted by the Probationary
Officer is also in favour of the child in conflict with law.
4. On the other hand, learned counsel for the State opposes the bail
application and submits that there is a categorical finding recorded by
learned Court below with regard to the seriousness of the offence and
also given a finding that in the interest of justice, the applicant juvenile-
conflict-with-law shall not be released on bail. It is further submitted that
these findings are based on proper assessment of the material placed
4
before it and therefore the finding recorded does not suffer from any
patent illegality or material irregularity warranting interference by this
Court.
5. I have heard learned counsel for the parties, perused the record
and considered their rival submissions.
6. Taking into consideration the fact that the main accused is Pappu
Singh @ Rampratap Singh who had assaulted the deceased with rod
and the present applicant had only gave hand and fist blow however,
there was no specific allegation against the applicant of committing the
alleged offence/crime, therefore, the applicant may be released on bail.
7. From the perusal of the record, 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 come in the
company of known criminal.
8. In view of above consideration, the impugned order dated
12.10.2022 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. 10,000/-, 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. Revision is accordingly allowed.
Sd/-
(Arvind Kumar Verma)
Digitally signed Judge
by SUGUNA
SUGUNA DUBEY
DUBEY Date:
2025.03.05
16:52:28 +0530
[ad_1]
Source link