ABC (JUVENILE IN CONFLICT WITH LAW) v. STATE OF CHHATTISGARH
CRR/48/2025 · 2025-03-06
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2830 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2830 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.1
2025:CGHC:11146 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 48 of 2025 ABC (Juvenile In Conflict With Law) Through Natural Guardian Mother, R/o Ramnagar, Chingrajpara, PS- Sarkanda, District Bilaspur C.G.
... Applicant versus State of Chhattisgarh, Through Aarakshi Kendra Sarkanda, Bilaspur District Bilaspur C.G..
---- Respondent For Applicant : Mr. Ankur Diwan, Advocate on behalf of Mr. Rohishek Verma, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma
Order On Board 06/03/2025
1. Challenge in this petition is to the order dated 16.12.2024 (Annexure A-1), passed by learned Session Court, Bilaspur, (C.G.), whereby the appeal preferred by the applicant/juvenile against the order of Principal Judge, Juvenile Justice Board, Bilaspur, dated 04.12.2024 (Annexure A-2), has been dismissed, whereby the applicant has been denied bail.
Page No.2
2.
Brief facts of this case are that accused persons (Vicky Sahu & Sahil Gandhrav) have assaulted the victims (Narendra Chandrakar and Nikhil) by means of knife and present applicant caused injury to them by the hands and fists. Due to stabbed injury by the knife, victim/Narendra Chandrakar died. Based upon report lodged by complainant, FIR was registered against the accused person for offence under Sections 109, 103, 118(1), 3(5) of BNS and applicant was arrested on 05.08.2024.
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 there is specific allegation against the applicant of committing the alleged offence/crime, hence, looking to the nature of offence, applicant may not be released on bail.
5. Considering facts of this case, pleadings made in the petition,
submissions of learned counsel for the parties that social status report is in favour of the applicant, the only allegation against the present applicant is that he assaulted the victims by means of hands and fists, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015,
Page No.3 applicant is in observation home since 05.08.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail.
6. 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. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.