1 / 4 2025:CGHC:4571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1347 of 2024 1 - ABC 2 - XYZ (Juvenile In Conflict With Law) (Description Of Applicants And Legal Guardian Is In Closed Envelope) ...Applicants versus 1 – State of Chhattisgarh Through The Station House Officer, Police of Police Station Sankara, District Mahasamund Chhattisgarh. ... Respondent For Applicants : Mr. Shikhar Sharma, Advocate For State : Mr. Neeraj Sharma, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/01/2025 1. This revision is against the order dated 05/11/2024 passed by the Juvenile Court/Second Additional Sessions Judge, Mahasamund, District Mahasamund, C.G. in Criminal Appeal No.H-57/2024, whereby the order dated 04/09/2024 passed by the Principal Magistrate, J.J. Board, ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.27 17:29:13 +0530 2 / 4 Mahasamund, C.G. rejecting the application for bail of the applicants was affirmed. 2. As per the case of the prosecution on 09/08/2024 in the evening, the complainant namely Balmiki Barge lodged a written report before the police station Sankara alleging that one Alekh Vishal along with his two other friends have visited his home and enquired about his brother Vashishth and extended threat upon which the complainant disclosed that Vashishth has gone to Latadar. Thereafter, the accused persons went to Latadar and took him to Sankara and beaten him with stick, fist and door bars and the said Vashishth succumbed to the said injuries. Thereafter, the applicants were arrested. 3. The present applicants had preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the J.J. Act, 2015) for their release on bail before the J.J. Board, Mahasamund, which was rejected and against the said order the applicant preferred a criminal appeal under Section 101 of the J.J. Act, 2015 which too has been rejected. Hence this Reivision. 4. Learned counsel for the applicants would submit that the applicants have been falsely implicated and there is no previous criminal antecedent of the applicants. He would next contend that the allegation against the present applicants is that they were accompanying the main accused and they have not done anything as alleged against them. He would lastly contend that the applicants are in observation home from 10/08/2024 and 3 / 4 the charge-sheet in this case has already been filed, therefore, the applicants may be released on bail. 5. Per contra, learned State counsel opposes the prayer for grant of bail. 6. Perused the Social Investigation Report, wherein it has been stated that the applicants were unknown to the crime in question and by mistake they accompanied the known persons and there is no intention of committing murder. Section 12 of the J.J. Act, 2015 which provides for bail to a person who is apparently a child alleged to be in conflict with law. Section 12 of the J.J. Act, 2015 is reproduced hereinbelow:- 12. Bail to a person who is apparently a child alleged to be in conflict with law. (1) When any person, who is apparently a child and is alleged to have committed a abailable or non- bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub- section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may 4 / 4 be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 7. Considering the social investigation report which shows that the applicants were unknown to the crime in question and by mistake they accompanied the known persons and there is no intention of committing murder and also considering the provisions of Section 12 of the J.J. Act, 2015, I am inclined to allow this revision and release the applicants on bail. 8. Consequently, the revision is allowed and order dated 05/11/2024 passed by the Juvenile Court/Second Additional Sessions Judge, Mahasamund, District Mahasamund, C.G. in Criminal Appeal No.H-57/2024 and order dated 04/09/2024 passed by the Principal Magistrate, J.J. Board, Mahasamund, C.G. are set aside. It is directed that the applicants shall be released on bail on each of them furnishing a surety of Rs.10,000/- which is to be of their respective fathers to the satisfaction of the concerned Juvenile Justice Board, for their appearance as and when directed. SD/- (Arvind Kumar Verma) JUDGE ashu