Juvenile vs State Of Chhattisgarh

The present Revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short “the Act, 2015”) has been preferred against the impugned order dated 7.7.2022 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Raigarh, (CG) in Criminal Appeal No.44/2022, upholding the order dated 15.6.2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant in connection with Crime No.162/2021 registered at Police Station Kosir District Raigarh for offence punishable under Section 302 of the IPC.

The prosecution case is that on 2.8.2021, Kotwar, Danganniya has informed that one unknown body was found at the field and the body was identified to be of Sanjay Berman and it was alleged that the juvenile has killed him on account of land dispute.

Learned counsel for the applicant submits that the applicant (juvenile) is innocent and has been falsely implicated in the case. Both the courts below have failed to analyze the evidence adduced by the prosecution. Learned trial Court should have considered that as per Section 12 of the Act, the juvenile may be released on bail, as the applicant has no criminal proclivity and there is no reason to believe that the release of the applicant is likely to bring him into association with any criminal. As the applicant is in jail since 5.8.2021, therefore, learned counsel prays for releasing the applicant on bail.

On the other hand, learned counsel for the State opposes the prayer for grant of bail. However, he fairly submits that social investigation report is in favour of the applicant and he is not involved in any criminal activity. He would further submit that the incident took place on account of some property dispute concerning family.

Having considered the submissions, particularly considering the fact that there is no past criminal record and further considering the social investigation report as also the object of the Act, 2015, I am inclined to grant bail to the juvenile.

Accordingly, the Revision is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by the parents/guardian 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 the said guardian. Along with the bail bond, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicant as well as by the surety, which shall be duly verified by the trial Court.

It is observed that the person stands as surety will furnish an undertaking that the applicant shall not come in contact with any bad element and in case, if he is found to be indulged in any unlawful act, the surety/father of the applicant shall inform to the concerned Police Station.