Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 14871 (CHH)

ABC v. STATE OF CHHATTISGARH

CRR/397/2025 · 2025-03-26

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:14617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 397 of 2025 ABC (Details of the applicant/ child in conflict with law is filed in a close envelope), (in Observation Home) ... Applicant versus State of Chhattisgarh Through - The Police Station Civil Lines, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Ritesh Verma, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 26.03.2025 1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the order dated 07.03.2025 passed by the learned Additional Sessions Judge (FTC) and Children Court, District – Bilaspur (C.G) in Criminal Appeal No.30/2025 as well as order dated 19.03.2025 passed by learned Additional Sessions Judge (FTC) and Children Court, District Bilaspur (C.G.) in Subsequent Criminal Appeal No. 41/2025(Jointly), whereby the appeals preferred by the present applicant has been dismissed therein afÏrming the order dated 27.02.2025 passed by the Court of learned Juvenile Justice Board, Bilaspur, District – Bilaspur PREETI KUMARI Digitally signed by PREETI KUMARI 2 (C.G.) in Crime No. 189/2025, in which the application for grant of bail under Section 102 of Juvenile Justice (Care and Protection of Children) Act was rejected. 2. Case of the prosecution is that a report was lodged by complainant 'Principal ST. Vincent Pallotti Sr. Sec. School' Bilaspur (Mr. Sunil Kumar Bakhla) to the police station Civil Lines on 21-02-2025 alleging that a student of Class-4 namely 'A' was going in a short break for toilet in school campus toilet. Where some miscreant person was planted flame-able substance in the toilet sheet. The same was kicked mistakenly by the victim 'A' due to which both her legs below and knee was injured. The principal in a School letter pad written complaint that some students of Class-8th utilized undesirable substances for the purpose of threat. Thereafter, the matter was reported to the police of Police Station Civil Line Bilaspur, whereby an offences under Sections 124(2), 3 (5) of B.N.S. has been registered, subsequently the matter being investigated by the police and send the present applicant to observation home. 3. Learned counsel for the applicant submits that the applicant is a juvenile and a student. There is no criminal antecedents against him prior to this case. He also submits that one co-accused person, who is also juvenile, namely, XYZ has already been granted anticipatory bail by the Court vide order dated 12.03.2025 passed in MCRCA No. 347/2025 and other were granted bail in criminal appeal on 19.03.2025. Hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the records. 3 6. From perusal of records, it appears that the applicant is a juvenile and a student, and there is no criminal antecedents against him prior to this case and further, one co-accused person, who is also juvenile, namely, XYZ has already been granted anticipatory bail by the Court vide order dated 12.03.2025 passed in MCRCA No. 347/2025 and other were granted bail in criminal appeal on 19.03.2025. Considering the above aspect, I am inclined to allow this criminal revision. 7. Consequently, criminal revision is allowed. The judgment dated 07.03.2025 passed by the learned Additional Sessions Judge (FTC) and Children Court, District – Bilaspur (C.G) in Criminal Appeal No.30/2025 as well as order dated 19.03.2025 passed by learned Additional Sessions Judge (FTC) and Children Court, District Bilaspur (C.G.) in Subsequent Criminal Appeal No. 41/2025 (jointly), whereby the appeals preferred by the present applicant has been dismissed therein afÏrming the order dated 27.02.2025 passed by the Court of learned Juvenile Justice Board, Bilaspur, District – Bilaspur (C.G.) in Crime No. 189/2025, and all consequential proceedings arising thereof, are set aside. It is directed that on furnishing a surety of Rs. 50,000/- along with a bond of same amount which are to be of his natural guardian/father/mother, to the satisfaction of the concerned Juvenile Justice Board, for this appearance as when directed, the applicant shall be given in custody of his natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Preeti/Rajshekhar