Suraj Kumar vs State Of Chhattisgarh

Challenge in this revision petition is to the order dated 1-2- 2021 passed by learned Child Court/Additional Sessions Judge (FTC), Raipur in CR.A.

No. 12/2021 whereby the appeal preferred by the applicant-juvenile against the order of the Juvenile Justice Board, Mana Camp, Raipur dated 15-1-

2021 has been dismissed, wherein the applicant was denied bail.

It is submitted by learned counsel for the applicant that the applicant is a 14 years old boy, he is innocent and falsely implicated in this case. He has

no previous criminal antecedent. He is a student of Class 10th. He has not committed any misconduct during custody in the Observation Home.

Charge sheet has been filed. Nothing negative report has been shown in his social status report, in spite of that, the Board as well as the appellate

Court have refused him to grant bail. Therefore, the impugned orders of both the Courts below are erroneous and not sustainable. It is prayed that the

revision petition may be allowed and bail may be granted to the applicant.

Learned State Counsel opposes the revision petition and submits that both the Courts below have not committed any error in passing the impugned

orders, thus, the revision may be rejected.

I have heard learned counsel for both the parties, perused the documents placed on record and considered the submissions made by counsel for

both the parties.

Learned appellate Court has mentioned in its order that it is mentioned in the social status report of the applicant submitted by Probationary Officer

that the social environment and home condition of the applicant is below standard. It seems that he has been influenced by his companions. Learned

appellate Court has not mentioned anything in its order regarding the social status report of the applicant which may be a ground for dismissal of bail to

a juvenile under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Gravity of offence is not to be taken

into consideration for grant of bail to a juvenile. Looking to the above, I find that the Board as also the appellate Court have committed error in

rejecting bail to the applicant. Therefore, I am inclined to allow this revision petition.

Consequently, the revision is allowed. The order dated 1-2- 2021 passed by learned Child Court/Additional Sessions Judge (FTC), Raipur in Cr. A.

No. 12/2021 is set aside. It is directed that on furnishing a surety of Rs. 20,000/- along with a bond of same amount which is to be of his natural

guardian/father, 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.

Certified copy as per rules.