ABC vs State Of Chhattisgarh

Challenge in this revision petition is to the order dated 16.3.2022 passed by learned Special Judge (Atrocities) and Additional Sessions Judge, Raipur, C.G. in Criminal Appeal No. 45/2022, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Mana Camp Raipur, District Raipur dated 17.02.2022 in connection with Crime No. 33/2022 registered at Police Station New Rajendra Nagar, Raipur (C.G.) has been dismissed, whereby the applicant/juvenile has been denied bail.

Learned counsel for the applicant (juvenile) would submit that the applicant is an innocent boy aged about 14 years, studying in class VIII and has been falsely implicated in this case. It is further submitted that this is the first case registered against the applicant; he is in Observation Home since 21.01.2022 and charge-sheet has already been filed, therefore, more detention will affect the childish mentality of the applicant (juvenile). As per social status report, applicant has not committed any misconduct during custody in the Observation Home. Nothing adverse has been mentioned against the applicant in the social status report, despite that both the learned Courts below have rejected the bail application of the juvenile, which is erroneous and unsustainable in law. Therefore, it is prayed that looking to the facts and circumstances of the case, revision petition may be allowed and the bail may be granted to the applicant.

On the other hand, learned State counsel vehemently opposes the submissions made by learned counsel for the applicant, hence, looking to the nature and gravity of the offence both the Courts below have rightly dismissed the bail of applicant.

I have heard learned counsel for both the parties, perused the case diary including the Social Investigation Report of the applicant and considered the same.

The Social Investigation Report shows that this is the first act of applicant in conflict with law and no other case has been registered against him. As per the case diary, applicant (juvenile) is a boy aged about 14 years; he is in Observation Home since 21.01.2022 and charge-sheet has already been filed. Learned Appellate Court has dismissed the bail application of the applicant by assuming that if the applicant is released on bail, it would expose him to physical, psychological and moral danger but nothing has been mentioned in Social Investigation Report of applicant which appears to be reasonable grounds for rejecting the bail of applicant (juvenile) according to the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Therefore, I find that orders of rejection passed by the Board as well as the Appellate Court are not sustainable and needs interference, hence, I am inclined to allow this revision petition.

Consequently, the revision is allowed. The order dated 16.3.2022 passed by learned Special Judge (Atrocities) and Additional Sessions Judge, Raipur, C.G. in Criminal Appeal No. 45/2022 is set aside. It is directed that on furnishing a surety of ₹ 25,000/- along with a bond of same amount which is to be of his natural guardian/father/mother, to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed, then the applicant shall be given in custody of his natural guardian/father/mother.

One closed envelope has been submitted by counsel for the applicant/juvenile along with memo of revision, which contains particulars of the applicant/Juvenile. The said envelope shall be made part of record of this order.

Certified copy as per rules.