Xyz Nil vs State Of Chhattisgarh

With the consent of learned Counsel for the parties, the matter is heard finally.

The present Revision 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 16.05.2023 passed by the Additional Sessions Judge (FTC) Special Court, Surajpur, District Surajpur (CG) in Criminal Appeal No.15/2023, upholding the order dated 28.04.2023 passed by the Principle Judge, Juvenile Justice Board, District Surajpur rejecting the bail application of the Applicant in connection with Crime No.246/2022 for offence punishable under Sections 363, 302 and 201 of the IPC.

The prosecution case is that on 18.12.2022, Complainant Kuleshwari Sonwani had lodged a missing report of her son stating that he left the house after having his meals and did not come back.

At the outset, learned counsel for the Applicant submits that on the date of incident, the Applicant was aged about 15 years, 11 months and 15 days, he has no criminal past, his father is doing labour work, as such, there is poor financial constraint in the family and he pursued his studies up to class-8 and thereafter, failed in the examination and left the school, due to wrong companionship, he got addicted to some bad habits like chewing ghutka, tambaku and ganja and the deceased was one of his best friends and on the date of incident, both had consumed ganja and thereafter such incident took place. He further submits that mother of the Applicant is seeking the custody of the juvenile, who 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. He further submits that the Applicant has been detained at observation home since 18.12.2022 and therefore, considering all these aspects, the Revision may be allowed setting aside the order of the Court below and the Applicant may be released on bail.

On the other hand, learned counsel for the State opposes the prayer for grant of bail. However, he submits that the facts mentioned by learned Counsel for the Applicant are present in the social investigation report and further submits that one case is pending against the Applicant before the Juvenile Justice Board for commission of theft, therefore, he is not entitled to be released on bail.

Having considered the submissions, the social investigation report, particularly considering the age of the Applicant, the backdrop of the case as also considering the laudable object of the Act, 2015, his mother is willing for his proper upbringing, his detention period and there is no substantive material that on his release, he is likely to join the company of known criminals, therefore, I am inclined to grant bail to the juvenile.

In view of above, this Court is of the opinion that the orders passed by both the Courts below are not sustainable and the same are hereby set aside. Accordingly, the Revision is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by the mother 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 the mother. 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 who 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/mother of the Applicant shall inform the same to the concerned Police Station.