1 2025:CGHC:14526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 400 of 2025 Abc (Juvenile In Conflict With Law) (Description Of Applicant and The Name Of Legal Guardian Is In Closed Envelope) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Baikunthpur District - Koriya (C.G.) ... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate For State-Respondent : Mr. Vivek Sharma, PL Hon’ble Shri Justice Arvind Kumar Verma Order on Board 26/03/2025 1. This criminal revision has been preferred by the applicant under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the judgment dated 25.02.2025 passed by the Court of Additional Sessions Judge (F.T.C.)/Special Judge under the POCSO Act, Baikunthpur, District Koriya (C.G.) in Criminal Appeal No.17/2025 (Anneuxre A-1), arising out of order dated 16.01.2025 passed by the Court of Juvenile Justice Board, Baikunthpur, District Koriya in Crime No.304/2024 by which application for VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.27 10:41:37 +0530 2 grant of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as appeal filed by the applicant has been dismissed. Hence, the revision. 2. Brief facts of this case are that the FIR was lodged by wife of deceased alleging in it that on 03-10-2024 she went to Podibachara to perform the work at the cloth market and at about 6.00 PM, she came to know that her husband is not in the home and at about 7.30 she came back the home and saw the blood stain and on the basis of said report lodged by wife of deceased Suman Singh, the police registered the merg intimation and during the merg enquiry, it was found that the applicant, who is the brother-in-law deceased i.e. Suman Singh used to consume the liquor and used to quarrel with the applicant due to which the applicant annoyed with Suman Singh and due to this reason, on 03- 10-2024 when the deceased Suman Singh was slipping, at that time the applicant assaulted the deceased Suman Singh with the Axe and dragged the dead body of Suman Singh towards toilet and used the soil and stone to cover the body. 3. The matter was reported to the police of Police Station Baikunthpur and the police investigated the matter and after the completion of investigation, the police filed the charge sheet for the offence under Sections 103 (1) & 238 (A) of Bhartiya Nyay Sanhita. 4. The applicant through his natural guardian i.e. father moved an application under Section 12 of Juvenile Justice (Care and Protection of Children) Act and same has been dismissed vide order dated 16-01-2025 and thereafter an appeal 3 was preferred before the Court of learned Additional Sessions Judge (Fast Track Court)/Special Judge Under the POCSO Act, Baikunthpur, District Koriya (C.G.) and the same was registered as Criminal appeal No.17/2025 and the same has been dismissed vide impugned judgment dated 25-02-2025 (Annexure A-1). 5. Learned counsel for the applicant contended that both the courts below passed the impugned order and rejected the bail application of the applicant, are purely illegal, erroneous and also contrary to the principle of law, therefore it is deserved to be set-aside. He further contended that it is pertinent to mention here at this juncture, both the courts below have seen the gravity of the offences and not recorded a single finding that how the release of the applicant would defeat the ends of justice it appears that only on the ground of gravity of the offences, both the courts below dismissed the application as well as the appeal of the juvenile, such finding of both the learned courts below is bad in law and the same is liable to be set-aside. It is pertinent to mention here at this juncture, the case of present applicant governed from Section 12 of Juvenile Justice (Care & Protection of Children) Act and the applicant is a juvenile, so the bail application of juvenile is governed by the said act. There is no criminal antecedent reported against the applicant. The applicant is in observation home since 05-10-2024 and the charge sheet has already been filed. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned judgment dated 25-02-2025, passed by the Court of learned Additional Sessions Judge (Fast Track Court)/Special Judge Under the 4 POCSO Act, Baikunthpur, District Koriya (C.G.) and release the applicant on bail, in the interest of justice. 6. Learned counsel for the State-Respondent opposes the submission made by learned counsel for the applicant and submits that the order passed by the trial Court/Juvenile Court is just and proper needs no interference. 7. I have heard learned counsel for the parties and perused the impugned order and other material available on record with utmost circumspection. 8. Taking into consideration the facts and circumstances of the case and on perusal of the order passed by the Courts below, it reveals that only on the ground of gravity of offence, Courts below dismissed the application as well as appeal of the juvenile-applicant. The order passed by the Courts below in bad in law. Charge sheet has been filed. On perusal of the social status report of the juvenile in conflict with law, there is nothing adverse against him. 9. Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides as under : “12. Bail of juvenile.-(1) When any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation 5 Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.” 10.In view of the above, the present criminal revision is allowed and the order dated 25.02.2025 (Annexure A-1) is hereby set aside and it is directed that the applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs.10,000/-, with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board, with an undertaking of his parents that he will take care of the applicant. The applicant shall appear before the concerned Board as and when directed. Sd/- (Arvind Kumar Verma) Judge Vasant