Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14335 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 106 of 2025 XYZ
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station-Jarhagaon, District Mungeli (C.G.)
---- Respondent For Applicant : Mr. RL Jaiswal, Advocate For State/Respondent : Ms. Vaishali Mahilong, PL. Hon'ble Shri Justice Arvind Kumar Verma
Order On Board 25/03/2025
1. Challenge in this petition is to the order dated 29.11.2024, passed by learned Sessions Judge, Mungeli, (C.G.), in Criminal Appeal No.39/2024, (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Mungeli, dated 20.11.2024 (Annexure A- 2), in Crime No.185/2024, has been dismissed, whereby the applicant has been denied bail.
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2.
Brief facts of this case are that on 13.10.2024, the Police of Police Station -Jarhagaon has received information from informant that 4-5 persons are carrying brown sugar and going from Ambikapur to Bilaspur-Mungeli on Artica Car bearing registration no. CG-28-K-4790. On the basis of said information, the police stopped the said car at NH-130-A Main Road, Chhatauna in which present applicant alongwith other co- accused persons were traveling. During search, total 46 Gram brown sugar has been recovered from the accused persons namely (Anand Yadav, Sunil Jaiswal, Prinshu Gupta, Sandeep Goswami, Ashutosh Jaiswal and present applicant). On the basis of seizure, FIR was registered against the accused persons including present applicant for offence punishable under Section 21 & 22 of N.D.P.S. Act and they have been arrested.
3. The present applicant being juvenile, filed an application under Section 12 of Juvenile Justice (Care and Protection of Children) Act, before the Juvenile Justice Board, which was rejected vide
order dated 20.11.2024. Being aggrieved by said order, applicant/juvenile filed an appeal before the Appellate Court, however, same also came to be rejected/dismissed by the impugned order Annexure P-1. Hence, this petition.
4.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case, no offence has been committed by him, he is minor and social status report also is in favour of the applicant, hence, he may be enlarged on bail.
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5. Learned State Counsel opposes the submission made by counsel for the applicant would submit that on 13.10.2024, the Police during search has recovered brown sugar from the applicant, hence, he may not be released on bail. She also pointed out that there are two previous antecedents registered against the applicant.
6. Considering facts of this case, submission of learned counsel for the parties, probation officer has not made any adverse remarks against the applicant, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, applicant is in observation home since 13.10.2024, I am inclined to allow the revision petition and release the applicant on bail.
7. 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.