XYZ (JUVENILE IN CONFLICT WITH LAW) v. STATE OF CHHATTISGARH
CRR/1306/2024 · 2025-01-31
Shri Arvind Kumar Verma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44256 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 44256 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:5904
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1306 of 2024 1 – XYZ (Juvenile in Conflict With Law) (Description of Applicant And Legal Guardian is in Closed Envelope)
... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police of Police Station Manendragarh District Manendragarh Chirmiri Bharatpur (C.G.)
... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For State : Mr. Karan Bahrani, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 31/01/2025
1. The instant revision has been filed against the judgment dated 15-10- 2024, passed by the Court of learned Additional Sessions Judge (F.T.S.C.), Manendragarh, District Koriya (C.G.) in Criminal Appeal No.92/2024 arising out of order dated 12-09-2024, passed by the Court of learned Juvenile Justice Board, Baikunthpur, District Koriya (C.G.) in Criminal Case No.47/2024, in which the application for grant of bail ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.12 11:08:24 +0530
2 / 4 under Section 12 of Juvenile Justice (Care and Protection of Children) Act as well as the appeal preferred by the applicant was rejected. 2. The brief facts of this case are that the brother of applicant is having an affair with a lady who is married to one Rahis and her husband was in know about the said relationship. The husband of the lady Rahis pressurized her to lodge the report against the maternal brother of the applicant and this fact has been narrated by the lady to maternal brother of the applicant and on being called by the lady, the applicant along with his maternal brother went towards the house of deceased and they entered into the house of deceased and they assaulted the deceased, on account of which the deceased woke up and the applicant caught hold the hand and the lady caught hold the leg of the deceased, thereafter the brother of applicant brought the knife and they assaulted the deceased with the said knife and the deceased anyhow survived from the said attack, then the lady brought another knife and gave the knife to the applicant and applicant also assaulted the deceased with the knife and thereafter they thrown the body of the deceased in an isolated place. Subsequently the matter was investigated and the police recorded the memorandum statement of applicant and from the possession of applicant, a knife and cloth were seized. Thereafter, the matter was reported to the police of Police Station Manendragarh and the police investigated the matter and after the completion of investigation, the police filed the charge sheet for the offence under Section 302, 201, 120 (B), 449 Read with Section 34 of Indian Penal Code before the concerned Court. 3 / 4
3.
The applicant through his natural guardian i.e. father moved an application under Section 12 of Juvenile Justice (Care and Protection of Children) Act and same has been dismissed vide order dated 12-09-2024 and thereafter an appeal was preferred against the order dated 12/09/2024 before the Court of learned Additional Sessions Judge (F.T.S.C.), Manendragarh, District Koriya (C.G.) and the same was also dismissed by order dated 15-10-2024. 4.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any offence. He would next contend that applicant has no previous antecedent and he is in observation home since 04/10/2023 and the charge-sheet in this case has already been filed, therefore, the applicant may be released on bail.
5. Per contra, learned State counsel would submit that the order passed by the learned Sessions Judge as well as the Juvenile Justice Board are well merited which do not call for any interference.
6. I have heard learned counsel for the parties and perused the documents.
7. Perusal of the social investigation report would show that the child in conflict with law is in the company of adults. The main reason for the child's involvement in this crime has been stated in the social investigation report as his bad company and friendship with adults. In the social investigation report, the probation officer has given his opinion to the effect that at present, it would be appropriate to protect the child from getting into bad company and provide him proper education and security by keeping him in a observation home.
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8. Therefore, in view of the social investigation report as well as looking to the nature of offence and also for the fact that the social investigation report suggests that the applicant is not interested in education and he is having contact with the persons who are elder in age and if the applicant is released on bail then he may come into contact with the other adult criminals. Therefore, looking to the entire facts & circumstances of the case, I am not inclined to interfere with the impugned orders and release the applicant on bail.
9. Accordingly, the revision is dismissed.
SD/- Sd/- (Arvind Kumar Verma)
JUDGE ashu