1 2025:CGHC:35644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 889 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 (C.G.) ... Non-applicant For Applicants : Mr. Krishna Kant Prajapati, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.07.2025 1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Minor) Act, 2015 read with Section 438 read with Section 442 of Bhartiya Nagarik Suraksha Sanhita, 2023, against the order dated 13.06.2025 passed by the learned District and Additional Sessions Judge (F.T.C.) Janjgir, in Criminal Appeal Case No. 74/2025, whereby the appeal preferred by the present applicant has been dismissed therein affirming the order dated 28.05.2025 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.24 18:54:44 +0530 2 passed by the learned Principal Judge, Juvenile Justice Board, Janjgir, District Janjgir-Champa (C.G.) in Crime No. 212/2025. 2. The applicants are being prosecuted for offences punishable under Sections 303(2), 111(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. As per the prosecution case, on 22.05.2025, the complainant, Birmaram Gurjar, lodged a report at Police Station, Champa, alleging therein that some unknown person had stolen 3.5 tons of iron rods kept in front of his cement shop situated at Ghatauli Chowk, Champa. On the basis of the above report, an FIR was registered against unknown persons, and during the course of the investigation, the accused, Shashikant Kashyap, was arrested. On the basis of his memorandum statement, the present applicants were also arrested on 23.05.2025. The applicants, being juveniles, filed an application under Section 12 of the 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 an 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, namely, Uday Kumar Yadav and Shashikant Kashyap have already been granted regular bail by this Court vide order dated 04.07.2025 in MCRC No. 4884 of 2025 and MCRC No. 4358 of 2025 respectively and as such the case of the present applicants is similar to that of the co-accused who have 3 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 applicants. 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, namely, Uday Kumar Yadav and Shashikant Kashyap have already been granted regular bail by the Court vide order dated 04.07.2025 passed in MCRC No. 4884 of 2025 and MCRC No. 4358 of 2025 respectively. Considering the above aspect, I am inclined to allow this criminal revision on the ground of parity, as the case of the present applicants is similar to that of the co- accused who have 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. 74/2025 and order dated 28.05.2025 passed by the learned Principal Judge, Juvenile Justice Board, Janjgir, District Janjgir-Champa (C.G.) in Crime No. 212/2025 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 Abhishek