Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:53041
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1164 of 2025 1 - Xyz Petitioner/juvenile Child (In Juvenile Justice Home)
... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station - Arjuni, District- Dhamtari (C.G.)
... Respondent(s) For Applicant (s) : Smt. Fouzia Mirza, Sr. Advocate Assisted by Shri Ali Afzal Mirza, Advocate For Respondent/State : Shri Sanjeev Pandey, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/10/2025 The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') against the order dated 17.04.2025 passed in Criminal Appeal No. 18/2025 by the Additional Sessions Judge (FTC), Dhamtari
2 (C.G.), whereby the learned Additional Sessions Judge has dismissed the appeal arising out of order dated 02.04.2025 passed in Criminal Case No.13/2025 by the Juvenile Justice Board, Dhamtari dismissing the bail application of the present applicant. 2. This is the revision petition filed by the accused, who is juvenile. The case of the prosecution, in brief, is that about one month prior to the incident dated 24.02.2025, a motorcycle accident took place in front of Jai Ambe Kirana Shop, village Potiadhi between the juvenile in conflict with law and one Harshita. Owing to the said accident, scuffle and maar peeth ensued between the juvenile in conflict with law, his sister Khushbu @ Khushi Sahu (co-accused) and their mother Komin Bai Sahu, and sone of the deceased Vijit Patel and Jageshwar @ Khilanand Patel. It is alleged that subsequent to the said conflict, juvenile in conflict with law and co-accused Khusbu conspired to eliminate Vijit Patel or any of the member of his family and in furtherance of the said conspiracy, co-accused gave the knife of the juvenile to execute the plant. In pursuance thereof, on 24.02.2025, the juvenile in conflict with law along with his accomplice Chaman Patel proceeded on a Scooty and when they did not find Vijit Patel, they attacked Kunti Bai Patel, hismother with knife inflicting factal injuries on her chest, abdomen and hand resulting her death. After committing the crime, they concealed the weapon near the road. The juvenile filed an application under Section 12 of the Juvenile Justice Act for granting bail, which was dismissed by the Juvenile Justice Board vide order dated 02.04.2025.
Against the
3 said dismissal, an appeal was preferred, which was also dismissed by the impugned order. Hence, this revision. 3. Learned counsel for the applicant submits that in the present case, the Juvenile Justice Board as well as the Appellate Court have completely ignored to consider the statutory scheme of Section 12 of the Act of 2015 which itself is pari materia of Section 12 of the Act of 2000 while considering the application for grant of bail under Section 12 of the Act of 2015. She further submits that the applicant has been falsely implicated in the present case. She submits that in the social status report, nothing adverse has come against the present applicant and therefore the orders passed by both the Courts below are improper and contrary to the law. She further submits that in view of provision contained in Section 12 of the Juvenile Justice Act, the applicant deserves to be released on bail. The applicant is in custody 25.02.2025 and therefore, he may be extended benefit of bail. 4. Counsel for the State submits that the orders passed by the two Courts below being fully justified and in accordance with the provisions of Section 12 of the Act do not warrant any interference and the instant revision deserves to be dismissed. However, there is nothing adverse mentioned in the social status report. 5. Heard learned counsel for the parties and perused the material available on record. 6. On perusal of the record including the social status report, which
4 is in favour of the applicant, I do not find any reasonable ground having been brought before the Juvenile Justice Board or the Police Authorities in respect of the so called threat of the jluvenile getting exposed to moral, physical or psychological danger or coming in the company of known criminal. 7. In view of above consideration, the impugned order dated 21.08.2025 could not be sustained and is therefore, set aside. The application under Section 12 of the Act of 2015 is allowed. The applicant shall be released on bail forthwith on furnishing a personal bond in the sum of Rs.
25,000/-, by the parents or guardians of the applicant, as the case may be, to the satisfaction of the Juvenile Justice Board for his appearance before the Board, as and when directed. 8. The revision is accordingly allowed. Sd/-
(Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.03 17:50:20 +0530