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2025 DAILYLAW 53691 (CHH)

DCD v. STATE OF CHHATTISGARH

CRR/35/2025 · 2025-02-26

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:9900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1307 of 2024 XYZ Nil ------- Applicant (s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Vidhansabha District Raipur (C.G.) --- Respondent(s) CRR No. 35 of 2025 DCD Nil ---Applicant (s) Versus State Of Chhattisgarh Through Police Station Vidhan Sabha, Raipur, District Raipur (C.G.) --- Respondent(s) CRR No. 157 of 2025 A Juvenile In Conflict With Law Nil ---Applicant (s) Versus State Of Chhattisgarh Through The District Magistrate, Raipur, District- Raipur, C.G. --- Respondent(s) SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.02.28 16:36:01 +0530 2 CRR No. 119 of 2025 Juvenile Conflict With Law-A (Wrongly Impleaded By Name In The Order Impugned) ---Applicant(s) Versus State Of Chhattisgarh Station House Officer, Police Station- Vidhan Sabha District Raipur (C.G.) --- Respondent(s) For Applicants : Mr. Pushpendra Kumar Patel, Ms. Muskaan Fatwani, Mr. Sourabh Sahu, Mr. Deepak Kaushik, Advocates For Respondent(s) : Mr. Purnendra Kichariya, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 27.02.2025 1. Since all the revisions arise out of same crime number, they are heard analogously and are being disposed of by this common order. The main order is being passed in CRR No. 1307 of 2024. Case No. Judgemen t Date Crime No. Offence Police Station Arrested CRR No. 1307 of 2024 26.07.2024 345/202 4 147,148,149 , 326, 307,34 of the IPC and Section 25 and 27 of the Arms Act. Vidhan Sabha, District Raipur 17.06.202 4 CRR No. 35 of 2025 10.12.2024 345/202 4 147,148,149 , 34,326, 307of the Vidhan Sabha, District 17.06.202 4 3 IPC and Section 25 and 27 of the Arms Act. Raipur CRR No. 119 of 2025 28.10.2024 345/202 4 147,148,149,3 26, 307,34 of the IPC and Section 25 and 27 of the Arms Act. Vidhan Sabha, District Raipur 12.09.202 4 CRR No. 157 of 2025 24.09.2024 345/202 4 147,148,149, 294, 326, 307,34 of the IPC and Section 25 and 27 of the Arms Act. Vidhan Sabha, District Raipur 18.06.202 4 2. Case of the prosecution, in brief, is that on 16.06.2024 at about 10.30 PM the accused along with other co-accused came and abused the complainant in a public place and when he objected then the accused annoyed and assaulted the complainant with weapon which was carrying with them, as a result of which, he sustained injuries on his left and right ribs, leg and waist, thereafter information sent to Police, thereafter the Police conducted investigation and after investigation offence under Setion 307, 34 IPC was registered against the applicants subsequently offence under Sections 147,148,149,294, 326 the IPC and Section 25 and 27 of the Arms Act was also added. 4 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and there is no evidence against the applicants that they have committed the aforesaid offence. They would further submit that applicants are juvenile and they are in jail since 17.06.2024, 12.09.2024 and 18.06.2024 more than 8 months has already been lapsed. They would further submit that the prosecution has examined 5 witnesses out of which 3 witnesses has already been examined before the Court wherein the seizure witnesses have not supported the case of the prosecution. They would further submit that three major accused has already been granted bail by the trial Court and would pray that the applicants being juvenile may also be released on bail. 4. Per contra, learned counsel for the State would submit that the order passed by the two Courts below being fully justified and in accordance with the provisions of Section 12 of the Act, this Court does not warrant any interference and the instant revisions deserves to be set aside. 5. I have heard learned counsel for the parties and perused the record. 6. Considering the fact that the victim has already been examined before the Court wherein the complainant and seizure witnesses have not supported the case of the prosecution and turned hostile, further considering the fact the charge sheet has been filed and the applicants are in jail since 17.06.2024, 12.09.2024 and 18.06.2024 more than 8 months has already been lapsed. 7. in view of the aforesaid consideration, the impugned order dated 26.07.2024 ,10.12.2024, 28.10.2024 and 24.09.2024 could not be sustained and is set aside. The applications under Section 12 of the Act 5 of 2015 are allowed. The applicants shall be released on bail forthwith on furnishing a personal bond in the sum of Rs. 25,000/- by each of the applicants, by the parents or guardians of the applicants, as the case may be, to the satisfaction of the Juvenile Justice Board for their appearance before the Board, as and when directed. 8. The revisions are accordingly allowed. Sd/- (Narendra Kumar Vyas) Judge Santosh