Xyz (Minor) vs State Of Chhattisgarh

Sachin Singh Rajput, J

This Criminal Revision under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (For short Act “2015”) has been filed by the applicant Juvenile-conflict-with-law being aggrieved by the order dated 03.10.2024 passed by the learned Special Judge (Atrocities) Additional Charge Additional Sessions Judge (Fast Track Court) & Children Court, Bilaspur, CG in Criminal Appeal 159 of 2024 by which the learned Children Court dismissed the appeal filed by the applicant (Juvenile-conflict-with-law) under Section 12 Act of 2015 against an order dated 18.09.2024 passed by the Principle Magistrate Juvenile Justice Board, Bilaspur, CG in Criminal Case No. 143 of 2022. Earlier also the applicant had filed a Criminal Revision Bearing CRR No. 634 of 2022 which was dismissed by this Court on merits on 06.02.2023.

The case of prosecution in brief, is that the complainant lodged a report alleging that on 24.02.2022 at about 5:35 pm when he was sitting in the garden of Samta colony with his friends Naveen Mahadeva, Uday Chakardhari, Harish Meshram and Dadu Yadaw, some persons juvenile-conflict-with-law and their friends from Talapara came there and some hot talk took place among them. It is further alleged that on the very next day i.e. on 25.02.2022 again the accused persons came and assaulted the complainant and his friends, due to which they sustained grievous injuries. Injured was taken to the hospital where one Navin Mahadeva was declared dead and another injured Uday Chakardhari was admitted in the hospital in serious condition. On the basis of said complaint aforesaid offence have been registered against the accused persons.

Learned counsel for the applicant submits that the applicant (juvenile-conflict-with-law) is in the special home from 25.02.2022, the trial before the Juvenile Justice Board is going through very slow speed and it will take sometime to conclude. He submits that the applicant ( juvenile-conflict-with-law) is pursuing the Bachelor of Art Course. He further submits that the provisions of Section 12 of Act of 2015 mandates that “ the juvenile shall be released on bail with or without surety or placed under the supervision of the probation officer or under the care of any fit person. Provided that such person shall not be released on bail if there appears reasonable ground for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger, or the person's release would defeat the ends of justice”. In the case, in hand, learned Court below has given a finding that looking to the seriousness of the offence, appeal is dismissed and the Court below has not considered the provision of Section 12 of Act of 2015 in its proper perspective and thereby committed irregularity while rejecting the appeal. He further submits that in order to find out the physical and mental status of juvenile in conflict with law there is a provision under Section 14 and 15 of Act of 2015. He submits that the provision of Section 15 was considered and the finding under Section 15 of the Act of 2015 has already been given by Juvenile Justice Board to try the offence before the Juvenile Justice Board and not before the Children Court, therefore, the revision should be allowed and the applicant should be released on bail.

Learned counsel for the State opposes the submission.

I have heard learned counsel for the parties and perused the case diary.

The father of the victim appeared in person and objected to grant of bail.

The social status report dated 11.12.2024 of the applicant (juvenile-conflict-with-law) was placed on record, which indicates that during this period the applicant (juvenile-conflict-with-law) has passed the 12th open examination and he is pursuing the Bachelor of Art 2nd year as a private student. Which also indicates that the applicant ( juvenile-conflict-with-law) was not arrested in any other case. It also indicates that applicant ( juvenile-conflict-with-law) is the special home for about 34 months. It has been further observed in the report that the behavior of the applicant ( juvenile-conflict-with-law) is good and discipline. It has further observed that the regular study of the applicant ( juvenile-conflict-with-law) should be continued and he should be engaged in other skill development activities. It is in the interest of the juvenile-conflict-with-law to encourage him for other skill development activities. The social status report submitted does not disclosed any negative aspect with regard to juvenile.

Considering the facts and circumstances of the case and submissions made, this Court is of the opinion that the applicant ( juvenile-conflict-with-law) may be released on bail, therefore, the applicant released on bail on the following conditions:-

(I) Natural guardian/father or fit person shall furnish a personal bond of Rs. 10,000/- and surety of the like some to the satisfaction of the of Juvenile Justice Board.

(ii) Natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and

further that the father will ensure that the juvenile will not repeat the offence.

(iii) Natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iv) Juvenile and natural guardian/father will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of February 2025, and if during any calendar month the first Monday falls on a holiday, then on the following working day.

(v) The Probation Officer will keep a strict vigil on the activities of the juvenile and

regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Bilaspur, on such a periodical basis as the Juvenile Justice Board may determine.

In view above, the impugned order dated 03.10.2024 is set aside.