Xyz A vs State Of Chhattisgarh

Challenge in this revision petition is to the order dated 18.1.2022 passed by learned Additional Sessions Judge (F.T.C.) Raigarh in Criminal Appeal No. 7/2022, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Raigarh dated 05.01.2022 in connection with Crime No. 148/2021 registered at Police Station Kapu, District - Raigarh (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 innocent and has been falsely implicated in this case . It is further submitted that no injury was found on person of the victim/prosecutrix and it is the first offence registered against the applicant (juvenile). Applicant is in Observation Home since 29.10.2021 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. It is further prayed that this 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, however, he submits that there is no previous criminal antecedent of the applicant (juvenile), as per the case diary. He would further submit that it is a case of rape of a minor girl, thus, considering the nature and gravity of the offence both the Court below have not committed any error while dismissing the bail application of the applicant, thus, the revision may be rejected.

I have heard learned counsel for both the parties, perused the case diary including the social status report of the applicant and considered the submissions made by counsel for both the parties.

A perusal of the social status report of the juvenile shows that except the present one, no other case has been registered against him, and there is need of his proper care and family protection. Learned Appellate Court has not mentioned anything in its order regarding the social investigation report of the applicant which may be a ground for denial of bail to a juvenile under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Looking to the fact that applicant is in Observation Home from 29.10.2021 as stated by learned counsel for the applicant, 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 18.1.2022 passed by learned Additional Sessions Judge (F.T.C.) Raigarh in Criminal Appeal No. 7/2022 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.