Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37322
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 860 of 2025
1. Abc (In Observation Home) Nil
2. Xyz Nil
... Applicants versus State of Chhattisgarh Through The District Magistrate (Police Station Champa), District Janjgir-Champa, Chhattisgarh
... Respondent For Applicants : Mr. D.N. Prajapati, Advocate. For Respondent(s) : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 30.07.2025
1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Section 438 read with Section 442 of Bharatiya Nagrik Suraksha Sanhita, 2023 against the
order dated 13.06.2025 passed by the learned District and Additional Sessions Judge (F.T.C.), Janjgir, District - Janjgir-Champa, (C.G) in Criminal Appeal Case No.75/2025, whereby the appeal preferred by the present applicant has been dismissed therein affirming the order dated PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.31 12:12:47 +0530
2 28.05.2025 passed by the learned Principal Judge of Juvenile Justice Board, Janjgir, District – Janjgir-Champa (C.G.) in Crime No.210/2025. 2. Case of the prosecution is that the applicants are being prosecuted for the offence punishable under Sections 303 (2), 111(1), 3(5) Bhartiya Nyay Sanhita, 2023. The prosecution case in brief is that on 21.05.2025, the complainant Hani Agrawal lodged report at Police Station, Champa alleging therein that some unknown person has stolen 3.5 Ton iron road kept in front side of his cement shop situated at Ghatauli Chowk, Champa. On the basis of above report, the FIR was registered against unknown person and during course of investigation, the accused Shashikant Kashyap was arrested and on the basis of his memorandum statement, the present applicants have also been arrested on 23.05.2025. The applicants being juvenile, filed application under Section 12 of Juvenile Justice (Care and Protection of Children) Act, before the Juvenile Justice Board, which was rejected vide order dated 28.05.2025. 3. Being aggrieved by the order dated 28.05.2025, the applicants/juveniles filed and appeal before the appellate Court, which has been dismissed vide impugned order dated 13.06.2025. 4. Learned counsel for the applicants submits that the applicants are juvenile and there is no criminal antecedents against them prior to this case. He also submits that the co-accused person, namely, Shashikant Kashyap has already been granted regular bail by this Court vide order dated 04.07.2025 in MCRC No. 4377/2025 and as such the case of the present applicant is similar to that of co-accused person who has granted bail by this Court. Hence, on the ground of parity, he prays for grant of bail to the present applicants. 5. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. 3
6. I have heard learned counsel for the parties and perused the records. 7.
From perusal of records, it appears that the applicants are juvenile and there is no criminal antecedents against them prior to this case and further, the co-accused person, namely, Shashikant Kashyap has already been granted regular bail by this Court vide order dated 04.07.2025 in MCRC No. 4377/2025. Considering the above aspect, I am inclined to allow this criminal revision on the ground of parity, as the case of the present applicant is similar to that of co-accused who has granted bail by this Court. 8. Consequently, criminal revision is allowed. The judgment dated 13.06.2025 passed by learned District and Additional Sessions Judge (F.T.C.) Janjgir, in Criminal Appeal Case No. 75/2025 and order dated 28.05.2025 passed by the learned Principal Judge, Juvenile Justice Board, Janjgir, District Janjgir-Champa (C.G.) in Crime No. 210/2025 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 their natural guardian/father/mother (each), to the satisfaction of the concerned Juvenile Justice Board, for this appearance as when directed, the applicants shall be given in custody of their natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Preeti