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2025 DAILYLAW 49223 (CHH)

JUVENILE IN CONFLICT WITH law v. STATE OF CHHATTISGARH

CRR/1228/2025 · 2025-10-29

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:53040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1228 of 2025 1 - Juvenile In Conflict With Law S/o X, Aged About 17 Years, R/o Y, District- Raipur (C.G.) (Details Of The Applicant Is Enclosed In A Closed Envelop) ... Applicant(s) versus 1 - State Of Chhattisgarh Through PS Purani Basti Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Shri Priyank Rathi, 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 21.08.2025 passed in Criminal 2 Appeal No.302/2025 by the Additional Sessions Judge (FTC), Raipur (C.G.), whereby the learned Additional Sessions Judge has dismissed the appeal arising out of order dated 14.07.2025 passed in Criminal Case No.221/2024 by the Juvenile Justice Board, Raipur 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 on 07.04.2025, the police received a secret information from an informer that at Khokho Talab, near Hanuman Temple, Bandhwapara, a boy aged about 18 to 20 years was standing with a white coloured plastic bag containing contraband (ganja) and was looking for the customers to sell the same. Acting upon the said information, the police party immediately proceeded to the spot, apprehended the juvenile applicant and upon conducting search, recovered 2 kilograms and 220 grams of ganja valued at approximately Rs. 22,000/-. The said contraband was seized and the juvenile applicant was taken into custody. j 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 14.07.2025. Against the 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 3 2000 while considering the application for grant of bail under Section 12 of the Act of 2015. He further submits that the applicant has been falsely implicated in the present case. He 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. He 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 07.04.2025 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 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 4 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: 2025.11.04 10:46:20 +0530