ABC vs State Of Chhattisgarh

Heard.

This revision petition has been preferred against the order dated 21-03-2022 passed in Criminal Appeal No. 55/2022 by the Additional Sessions Court Judge (FTC), Raipur, Chhattisgarh, dismissing the appeal filed by the applicant and upholding the order of the Juvenile Justice Board rejecting the bail application of the applicant.

It is submitted by learned counsel for the applicant that the applicant is only 15 years old boy. In fact, the applicant has not committed the alleged offence and on the basis of suspicion he has been inculpated in the crime in question. The applicant is in detention since 14-1-2022. There is no criminal antecedent and further, the social status report also does not mention of any circumstance which may be a ground for refusal of bail to the applicant. Therefore, the Board and the appellate Court both have committed error in passing rejection orders. Hence, it is prayed that this revision petition be allowed and the applicant be granted bail.

Learned counsel for the State/non-applicant, per contra, opposes the revision. However, he submits that as per report of the Probation Officer nothing adverse has been found and there is no criminal record of the applicant.

Heard learned counsel for the parties and perused the documents.

Considered the submissions. firstly, the age of the applicant is 15 years; secondly, it is natural father of the applicant who is seeking his custody; thirdly, there is no criminal antecedent of this applicant; although, the social status report dated 28-1-2022 mentions that the applicant requires institutional care and protection, but care and protection of the natural parents of the applicant can be deemed as best; further, there is no circumstance mentioned in the social status report which could have been a ground for rejection of bail under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act. Therefore, I am of the view that the impugned order and order of the Board both suffer from infirmity and this revision petition deserves to be allowed.

Accordingly, this revision petition is allowed. The impugned order of the appellate Court and the order of the Juvenile Justice Board are set aside and the application for grant of bail to the applicant is allowed. It is directed that on furnishing of a personal bond in the sum of Rs.25,000/- by natural guardian (father of the applicant) with one surety in the like sum to the satisfaction of the concerned Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of his natural guardian father.

Consequently, I.A.No.1 (application for hearing during summer vacation) and I.A.No.2 (application for urgent hearing) stand disposed of.

Certified copy as per rules.