ABC (JUVENILE IN CONFLICT WITH LAW) v. STATE OF CHHATTISGARH
CRR/1432/2024 · 2025-01-31
Shri Arvind Kumar Verma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45975 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45975 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.1
2025:CGHC:5907 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 1432 of 2024 Abc (Juvenile In Conflict With Law) (Juvenile In Observation Home)
... Applicant(s) versus State of Chhattisgarh Through Station House Officer Police Station Batauli District - Surguja Chhattisgarh (Non Applicant)
---- Respondent For Applicant : Mr. Aditya Mishra, 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 06.12.2024, passed by learned Sessions Judge, (POCSO Act), Ambikapur, Distt Surguja, (C.G.), in Criminal Appeal No.57/2024, (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the Annexure A-2 order of Principal Judge, Juvenile Justice Board, Ambikapur, Distt Surguja, passed in Criminal Case No.93/2024, has been dismissed, whereby the applicant has been denied bail.
Page No.2
2. Case of prosecution, in brief, is that father of prosecutrix/victim lodged report to the concerned Police Station mentioning therein that her daughter went out from the house without intimating anything to her family members and did not return back. Based upon report, FIR was registered and during course of investigation, victim was recovered from the possession of present applicant. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in aforementioned crime.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no offence has been committed by him and he is minor, therefore, the applicant 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 applicant of committing the alleged offence/crime with minor victim aged about 15 years, 06 months. Hence, applicant may not be released on bail.
5. Considering facts of this case, submission of learned counsel for the parties, there was affair between the applicant and victim, probation officer has not made any adverse remarks against the applicant in the social status report, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of
Page No.3 Children) Act, 2015, applicant is in observation home since 11.09.2024, 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.