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2025 DAILYLAW 2970 (CHH)

ABC v. STATE OF CHHATTISGARH

CRR/74/2025 · 2025-01-31

Shri Arvind Kumar Verma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.1 2025:CGHC:5908 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 74 of 2025 Abc (Juvenile In Conflict With Law) (Description Of Applicant And Legal Guardian Is In Closed Envelope) ... Applicant(s) versus State of Chhattisgarh The Station House Officer, Police Of Police Station Chirmiri, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ---- Respondent For Applicant : Mr. Anil Gulati, Advocate. For State/Respondent : Mr. GL Uikey, PL. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 31/01/2025 1. Challenge in this petition is to the order dated 26.11.2024, passed by learned Sessions Judge, Chirmiri, Distt : Koriya, (C.G.), in Criminal Appeal No.102/2024, (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the order of Principal Judge, Juvenile Justice Board, Baikunthpur, Dist Koriya, dated 10.10.2024 passed in Crime No.196/2024, has been dismissed, whereby the applicant has been denied bail. Page No.2 2. Brief facts of this case are that present applicant has committed forceful sexual intercourse with the victim. Based upon report, FIR was registered against the applicant for offence punishable under Sections 376(2)(n), 450, 506 of IPC. 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 with victim, hence, applicant may not be released on bail. 5. 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 & Protection of Children) Act, 2015, applicant is in observation home since 04.07.2024, 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 Page No.3 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.