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2025 DAILYLAW 45530 (CHH)

ABC v. STATE OF CHHATTISGARH

CRR/1415/2024 · 2025-01-31

Shri Arvind Kumar Verma

body2025

Judgment text

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Page No.1 2025:CGHC:5907 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 1415 of 2024 ABC & Anr ... Applicant(s) versus State of Chhattisgarh Through- Station House Officer, Police Station Khamtarai, Distt-. Raipur Chhattisgarh. ---- Respondent For Applicant : Mr. BL Sahu, Advocate For State/Respondent : Ms. Sunita Sahu, PL. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 31/01/2025 1. Challenge in this petition is to the order dated 04.12.2024, passed by learned Sessions Judge, (FTC), Raipur, (C.G.), in Criminal Appeal No.423/2024, (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the order of Principal Judge/Magistrate, Juvenile Justice Board, Mana Camp, Raipur, dated 05.11.2024, passed in Crime Case No.786/2024, has been dismissed, whereby the applicant has been denied bail. Page No.2 2. Case of prosecution, in brief, is that dispute took place between the accused persons and injured persons and during fight present applicants alongwith one another co-accused have assaulted the victim (Bhavesh) by means of knife, due to which, he suffered grievous injuries. Based upon report, FIR was registered and applicants were arrested. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and no offence has been committed by them and they are is minor, therefore, they may be enlarged on bail. 4. Learned State Counsel opposes the submission made by counsel for the applicant would submit that there is specific allegation against the applicants of committing the alleged offence/crime, hence, applicants may not be released on bail. 5. Considering facts of this case, submission of learned counsel for the parties, particularly submission that the main accused is Krishna Ku. Sahu, who assaulted the victim (Bhavesh) by means of knife and during investigation knife was recovered from him, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, applicants are in observation home since 08.10.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail. Page No.3 6. Consequently, the revision is allowed. The impugned orders of the Session Court as also Juvenile Justice Board are hereby set aside and it is directed that applicants shall be released on bail upon furnishing a personal bond by their natural guardian, in the sum of Rs.10,000/- each, with one surety in the like sum to the satisfaction of the Juvenile Justice Board concerned. The applicants shall appear before the Board concerned as and when directed. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.