1 2025:CGHC:32576 HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 706 of 2025 1 - Xyz Accused (In Observation Home ) ... Petitioner versus 1 - State of Chhattisgarh through the Station House Officer, Police Station Tilda, - Nevra, District - Raipur (C.G.) ... Respondent For the petitioner : Mr. Kunwar Lal Sahu, Advocate For the State : Ms. Binu Sharma, Panel Lawyer, Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14/07/2025 1. The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') against the order dated 16.05.2025 passed in Criminal Appeal No. 221/2025 by the learned Additional Sessions Judge (FTC) Raipur, Chhattisgarh (C.G.), whereby the learned Sessions Judge has rejected the appeal arising out of order dated 29.04.2025 passed in Criminal Case No. 178/2025 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.15 16:20:09 +0530 2 dismissing the bail application of the present applicant by the Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur. 2. This is the revision petition filed by the accused, who is juvenile. The prosecution story, in brief, is that on 14.01.2025 in the night at about 12.40 a.m., the dead body of Shiv Kumar Rajput was found lying near a shop adjacent to the house of one Kera Bai. Apart from the applicant, there are two other juvenile offenders in this case. On the basis of memorandum of co- accused, the applicant was sent to juvenile home. On the date of occurrence, the present applicant was juvenile. He filed an application under Section 12 of the Juvenile Justice Act for granting bail, which was dismissed. Against the said dismissal, an appeal was preferred, which was also dismissed. Hence, this revision. 3. Learned counsel for the applicant submits that there is no eye witness to the incident and no weapon of offence was recovered from the applicant and only on the information given in the memorandum of co-accused, the applicant has been roped in crime. He further submits that are no criminal antecedents against the applicant and even the special status report goes to show that for the first time the child has been confined in an observation room and his relation with family members is cordial and other neighbours have stated that the child’s conduct is good and there is no visible neglect of the family 3 towards the child and his family environment is not shown as a factor. He submits that the Juvenile Justice Board as well as the Appellate Court have completely ignored to consider the statutory scheme of Section 12 of the Act of 2015 which itself is pari materia of Section 12 of the Act of 2000 while considering the application for grant of bail under Section 12 of the Act of 2015. He further submits that the applicant has been falsely implicated in the present case and he has no criminal background. He submits that the orders passed by both the Courts below are improper and contrary to the law. He further submits that in view of provision contained in Section 12 of the Juvenile Justice Act, the applicant deserves to be released on bail, therefore, he may be extended benefit of bail. 4. Counsel for the State submits that on the basis of memorandum of co-accused, the applicant is being prosecuted and on memorandum of applicant, blood stained clothes were recovered from him. She further submits that the order passed by the two Courts below being fully justified and in accordance with the provisions of Section 12 of the Act does not warrant any interference and the instant revision deserves to be dismissed. 5. I have heard learned counsel both the parties and perused the material available on record. On perusal of the record I do not find any reasonable ground having been brought before the Juvenile Justice Board or the Police Authorities in respect of the so called threat of the juvenile getting exposed to moral, 4 physical or psychological danger or come in the company of known criminal. 6. In view of above consideration, the impugned orders of appellat court as well as the Juvenile Justice Board cannot be sustained and are hereby set aside. The application under Section 12 of the Act of 2015 is allowed. The applicant shall be released on bail forthwith on furnishing a personal bond in the sum of Rs. 25,000/-, by the parents or guardians of the applicant, as the case may be, to the satisfaction of the Juvenile Justice Board for his appearance before the Board, as and when directed. 7. Consequently, this revision is allowed. Sd/- (Sanjay Kumar Jaiswal) Judge Rao