1 2025:CGHC:5077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 997 of 2024 1 - Juvenile In Conflict With Law Nil. ... Applicant(s) versus 1 - State Of Chhattisgarh Through District Magistrate, Raipur, Distt. Raipur, C.G. ... Respondent(s) For Applicant : Shri Pragalbh Sharma, Advocate For Respondent(s) : Ms/ Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/01/2025 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 12.08.2024 passed in Criminal Appeal No.256/2024 by the Additional Sessions Judge (FTC), Raipur 2 (C.G.), whereby the learned Additional Sessions Judge has dismissed the appeal arising out of order dated 22.07.2024 passed in Criminal Case No.221/2024 by the Juvenile Justice Board, Raipur dismissing the bail application of the present applicant. 2. This is the revision petition filed by the accused, who is juvenile. The prosecution story, in brief, is that the complainant Ramashankar Yadav was a vegetable vendor and his son was working in the Company of manufacture of bags/sacks. Report was lodged by the complainant alleging that on the date of incident ie. 09.04.2024 at about 9.40 pm. when he was returning home, his son was standing outside and he said to him that he is coming within 15-20 minutes. Thereafter he took his meals and went to sleep. In the morning at about 7.00 am, when he went to fetch water, he was informed that his son was killed and the body was lying on the roadside. The juvenile filed an application under Section 12 of the Juvenile Justice Act for granting bail, which was dismissed by the Juvenile Justice Board vide order dated 22.07.2024. Against the said dismissal, an appeal was preferred, which was also dismissed by the impugned order. Hence, this revision. 3. Learned counsel for the applicant submits that in the present case, 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 3 implicated in the present case. He submits that the main accused is Rupesh and the applicant has accompanied the accused at the time of commission of the offence and there is no involvement of the juvenile in conflict with law in the said crime. 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. The applicant is in custody 12.04.2024 and therefore, he may be extended benefit of bail. 4. Counsel for the State submits that the orders passed by the two Courts below being fully justified and in accordance with the provisions of Section 12 of the Act do not warrant any interference and the instant revision deserves to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. On perusal of the record including the social status report, which is in favour of the applicant, 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, physical or psychological danger or coming in the company of known criminal. 7. In view of above consideration, the impugned order dated 12.08.2024 could not be sustained and is therefore, 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. 4 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. 8. The revision is accordingly allowed. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.21 16:59:13 +0530