Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 45708 (CHH)

ABC v. STATE OF CHHATTISGARH

CRR/1431/2024 · 2025-02-07

Shri Arvind Kumar Verma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.1 2025:CGHC:7154 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 1431 of 2024 - ABC ...Applicant versus State of Chhattisgarh Through S.H.O, P.S. Janjgir, Janjgir Champa, Dist.-Janjgir-Champa (C.G.) ---- Respondent For Applicant : Mr. Ravindra Sharma, Advocate For State/Respondent : Mr. GL Uike, PL For Objector : Mr. Aditya Khare, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 07/02/2025 1. Challenge in this petition is to the order dated 06.12.2024, passed by learned Sessions Judge, Janjgir, Distt : Janjgir- Champa, (C.G.), in Criminal Appeal No.132/2024, (Annexure A- 1) whereby the appeal preferred by the applicant/juvenile against the order of Principal Judge/Chief Magistrate, Juvenile Justice Board, Janjgir, Distt : Janjgir-Champa, dated 14.11.2024, has been dismissed, whereby the applicant has been denied bail. Page No.2 2. Brief facts of this case are that on 21.10.2024 complainant (brother of deceased) has lodged report before the concerned police station mentioning therein that present applicant alongwith other co-accused persons were assaulting his brother (Ramnath Kashyap) by means of wooden stick, when he (complainant) tried to intervene, the accused persons started abusing him in filthy language and also threatened to kill. Due to assault by wooden stick, Ramnath Kashyap suffered grievous injuries on his head and died during treatment. Based upon report, FIR was registered against the applicant and other co-accused persons and they were arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case, no offence has been committed by him and he is minor, therefore, the applicant may be enlarged on bail. 4. Learned State Counsel as well as learned counsel for the Objector opposing the submission made by counsel for the applicant would submit that there is specific allegation against the applicant of committing the alleged offence/crime, hence, he may not be released on bail. 5. Considering facts of this case, submission of learned counsel for the parties, probation officer has not made any adverse remarks against the applicant in the social status report, further Page No.3 considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, applicant is in observation home since 21.10.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail. 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 applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs.10,000/-, with one surety in the like sum to the satisfaction of the Juvenile Justice Board concerned. The applicant shall appear before the Board concerned as and when directed. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.