Chattisgarh High Court
X Y Z vs State Of Chhattisgarh on 20 January, 2025
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2025:CGHC:3336
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Criminal Revision No. 1156 of 2024
XYZ
... Applicant
Versus
State of Chhattisgarh Through - Station House Officer, Police Station-
Pathariya, District- Mungeli, C.G.
... Respondent
For Applicant : Dr. Arpit Lal, Advocate
For State-Respondent : Ms. Binu Sharma, Advocate
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
20/01/2025
Heard.
1. This criminal revision has been preferred by the applicant under
Section 102 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 being aggrieved by the order dated 06.09.2024 passed by
the learned 1st Additional Sessions Judge/Juvenile Court, Mungeli,
District Mungeli (C.G.) in Criminal Case No.30/2024 (Annexure A-1),
arising out of order dated 31.05.2023 passed by the learned Presiding
Officer, Principal Judge, Juvenile Justice Board, Mungeli, District
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Mungeli (C.G.), in Crime No.115/2024 Police Station Pathariya, District
Mungeli (C.G.) under Section 302/34 of IPC & Section 3(1)(d) & 3(ii)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, the applicant prefers this revision on the following
facts and grounds amongst other as under :
2. Brief facts of this case are that on 19.04.2024, there was a Chathi
program in the house of Sonal Dhruv and Rakesh Dhruv on the birth of
their twin children in Gram Gandhirwadih. The deceased Durgesh
along with along with another juvenile-ABC, Basant Nishad, Deva
Vishwarkarma, and Krishna Kaiwart were dancing on the DJ floor.
During that time, conflict started between Durgesh and another
juvenile-ABC, Basant, Deva and Krishna and a scuffle broke out
between them. These four people took him to the shore and the fight
started there. Meanwhile, another juvenile-ABC stabbed Durgesh with
knife in the stomach and he got injured. Juvenile-ABC, Basant, Deva
and Krishna flee from there. The deceased reached to the house of
one Panchu located nearby and called Vishnu from there and Vishnu
took him to the hospital in the van of Sameer Bhardwaj, but he died of
his injuries before reaching to the hospital.
3. On 20.04.2024, in connection with Crime No.115/2024, police arrested
Deva and Krishna and the present applicant Basant Nishad along with
another juvenile-ABC Patel both juvenile in conflict with law were sent
to the Judicial remand.
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4. During the investigation, the police prepared site map, statement of the
witnesses were recorded and after completion of the entire
investigation, charge-sheet has been filed before the learned Principal
Judge, Juvenile Justice Board, Mungeli, District Mungeli (C.G.), where
the case is pending.
5. The present applicant preferred an application for bail before the
learned Principle Judge, Juvenile Justice Board, Mungeli, District
Mungeli (C.G.) which was rejected on 31.05.2023 against which an
appeal under Section 101 of Juvenile Justice (Care and Protection of
the Children) Act, 2015 was preferred which was dismissed on
06.09.2024.
6. The applicant being aggrieved by the order dated 06.09.2024 preferred
the instant case under Section 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 on the following grounds.
7. Learned counsel for the applicant contended that the applicant has
been falsely implicated in the aforesaid case, he is innocent and he has
not committed any offence. Since the applicant is juvenile, therefore, in
view of the provisions of Section 12(1) of the Juvenile Justice (Care
and Protection of Children) Act, 2015, he would have been released on
bail, but the learned 1″ Additional Sessions Judge/Juvenile Court,
Mungeli, District – Mungeli (C.G.) as well as the Juvenile Justice Board
fell into error by rejecting his bail application. He further contended that
prima facie case is not made out against the present applicant and as
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per the prosecution story itself it is glaring that the present applicant
was dancing in the music and quarrel started between the deceased
person and juvenile- ABC who is juvenile in conflict with law and he is
the one who stabbed him and the present applicant was falsely
implicated in the crime in question, therefore, the present applicant is
entitled to be enlarged on bail. He further contended that at the time
when the juvenile- ABC started quarrel and stabbed the deceased
person, the present applicant was not with him as he was dancing on
the other side of the music box, therefore, the present applicant is
entitled to be enlarged on bail.
He further contented that the learned court below also erred in
appreciating the fact that even if the entire case of the prosecution is
taken on its face value then also there is no ingredients of Section 302
of Indian Penal Code, therefore, no offence would be made out against
the present appellant as the prosecution story itself discloses that he
was juvenile- ABC who stabbed and killed the deceased person.
Section of the Special Act, it is clear that no offence either Section
302/34 of Indian Penal Code or Section 3(1)(d) and 3(2)(v) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 would be made out against the present applicant, therefore, he is
entitled to be granted regular bail by allowing this revision.
8. Learned counsel for the State-Respondent opposes the submission
made by learned counsel for the applicant and submits that the order
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passed by the trial Court/Juvenile Court is just and proper needs no
interference.
9. I have heard learned counsel for the parties and perused the impugned
order and other material available on record with utmost
circumspection.
10. Taking into consideration the facts and circumstances of the case and
from perusal of the record, I have found that on the date of incident,
i.e., 19.04.2024, there was a Chathi program in the house of Sonal
Dhruv and Rakesh Dhruv on the birth of their twin children in Gram
Gandhirwadih. The deceased Durgesh along with another juvenile-
ABC, Basant Nishad, Deva Vishwarkarma, and Krishna Kaiwart were
dancing on the DJ floor. During that time, conflict started between
Durgesh and Juvenile- ABC, Basant, Deva and Krishna and a scuffle
broke out between them. Meanwhile, one juvenile- ABC stabbed
Durgesh with knife in the stomach and he got injured and when the
Durgesh was being taken for treatment, he died on the way.
11. Section 12(1) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 provides as under :
“12. Bail of juvenile.-(1) When any person accused of a
bailable or non- bailable offence, and apparently a
juvenile, is arrested or detained or appears or is brought
before a Board, such person shall, notwithstanding
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anything contained in the Code of Criminal Procedure,
1973 (2 of 1974) or in any other law for the time being in
force, be released on bail with or without surety [or
placed under the supervision of a Probation Officer or
under the care of any fit institution or fit person] but he
shall not be so released if there appear reasonable
grounds for believing that the release is likely to bring
him into association with any known criminal or expose
him to moral, physical or psychological danger or that his
release would defeat the ends of justice.”
12. On perusal of the records, it reveals that the main accused of this case
is Juvenile- ABC who stabbed Durgesh with knife in his stomach and
the present applicant is used only hands and fists during scuffle.
Looking to the involvement of the applicant in the present case and the
charge sheet has been filed before the competent Court, this Court is
of the view that the applicant is entitled to be released from the
concerned Observation Home.
13. In view of the above, the present criminal revision is allowed and the
order dated 06.09.2024 (Annexure A-1) is hereby set aside and it is
directed that the applicant shall be released on bail upon furnishing a
personal bond by his natural guardian, in the sum of Rs.10,000/-, with
one surety in the like sum to the satisfaction of the concerned Juvenile
Justice Board, with an undertaking of his parents that he will take care
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of the applicant. The applicant shall appear before the concerned
Board as and when directed.
Sd/-
(Arvind Kumar Verma)
Judge
Vasant
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