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2025 DAILYLAW 23144 (CHH)

JUVENILE IN CONFLICT WITH LAW IN CUSTODY v. STATE OF CHHATTISGARH

CRR/738/2025 · 2025-07-21

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:34904 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 738 of 2025 Juvenile In Conflict With Law ... Applicant versus State of Chhattisgarh Through – PS-Ganj, Raipur, District -Raipur, (C.G.). ---- Respondent For Applicant : Mr. Lukesh Mishra, Advocate through (VC) For State/Respondent : Ms. Upasana Mehta, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 22/07/2025 1. Challenge in this petition is to the order dated 03.05.2025, passed by learned Sessions Judge, (FTC), Raipur, (C.G.), in Criminal Appeal No.208/2025, (Annexure P-1), whereby the appeal preferred by the applicant/juvenile against the order of Juvenile Justice Board, has been dismissed, whereby the applicant has been denied bail. 2. Brief facts of this case are that one Sheikh Sahil @ Konda was shot at by the main accused Shehnawaz Konda @ Shanu alongwith other co-accused persons, due to which, the injured sustained grievous injuries on his face and neck. One Naushad 2 @ Nasur was also injured in the said gun shot. Based on complaint lodged by Sister of injured (complainant/Fiza Parveen), FIR bearing crime no.391/24 for offence under Sections 109, 61(2), 111, 3(5) of the BNS read with 25 and Section 27 of the Arms Act has been registered against the accused persons and they were arrested. Based on memorandum of main accused, present applicant has been made accused in this case. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no offence has been committed by him and he is minor, therefore, the applicant may be enlarged on bail. 4. Learned State Counsel opposes the submission made by counsel for the applicant would submit that looking to the nature of offence, applicant may not be released on bail. 5. Perusal of document/report shows that there is no adverse remarks made against the applicant by the probation officer in the social status report. Further there is no reasons mentioned by the Session Court or the Juvenile Justice Board to belief that release of the applicant would defeat the ends of justice, expose him to moral, physical or psychological danger. 6. Considering facts of this case, submission of learned counsel for the parties, probation officer has not made any adverse remarks against the applicant in the social status report, further considering the provisions of Section 12 of Juvenile Justice (Care 3 & Protection of Children) Act, 2015, applicant is in observation home since 08.11.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail. 7. Consequently, the revision is allowed. The impugned orders of the Session Court as also Juvenile Justice Board are hereby set aside and it is directed that 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 Juvenile Justice Board concerned. The applicant shall appear before the Board concerned as and when directed. 8. It is also directed that the documents/report be taken on record. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.