1 2025:CGHC:42772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 817 of 2025 1 - Abc (Details Is Kept In Envelop) ... Applicant. versus 1 - State of Chhattisgarh Through District Magistrate Dhamtari, District Dhamtari Chhattisgarh ... Respondent For Applicant : Mr. Khilendra Patel and Mr. Rajendra Patel, Advocates. For Respondent/State. : Mr. Neeraj Sharma, Dy. Advocate General (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 22-08-2025 1. This Criminal Revision has been filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the impugned dated 19-6-2025, passed in Criminal Appeal No. 29 of 2025 by the learned Additional Sessions Judge, (F.T.C.) Dhamtari (C.G.) by which the order rejecting the second bail application of the applicant by the Juvenile Justice Board, Dhamtari has been upheld and the appeal has been dismissed wherein the juvenile was arrested on 30-4-2024 in connection with Crime No. 220 of 2024 registered at Police Station Kurud, Police Outpost Birejhar, District Dhamtari for 2 offence punishable under Section 302 and 201/34 of IPC 2. The case of the prosecution, in brief, is that a merg intimation No. 54/2024 was registered regarding death of one Ravi Kumar Tarak. During course of investigation, witnesses namely Yogesh @ Sonu Tarak & Gangaram who are brothers of the deceased stated that on 21.04.2024 at around 19:00 pm in a marriage ceremony in the house of Tikeshwar Dhruv some dispute arose between the deceased and members of the marriage party over dancing and singing on the DJ band, atm that time the juvenile/applicant along with other co-accused stabbed the deceased Ravikumar Tarak by knife in his stomach, as a result of which he sustained grievous injury and thereafter he was taken to hospital where the Doctor after examining him declared dead. The Police inquired into matter after investigation and thereafter submitted charge-sheet before the concerned court. 3. The Juvenile Justice Board considering the gravity of offence as well as material placed on record has rejected the bail application of the applicant holding that there is prima facie involvement of the applicant in commission of offence. Against that order, the applicant preferred an application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for short “the Act, 2015”) which has been rejected by the learned Additional Sessions Judge, (F.T.C.) Dhamtari (C.G.) vide impugned order dated 19-6-2025 by recording its finding that if the applicant is released on bail, the very object of the Act, 2015 will be frustrated. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in this case. He would further submit that the learned trial Court as well as the learned Appellate 3 Court failed to see that there is delay in trial and till date no witness was examined. Looking to the age of the applicant, his detention in juvenile home would adversely affect his mental makeup. He would further submit that there is no direct allegation against the applicant in committing murder at best he may be charged for assault the deceased by hand and fists and in-fact he made an attempt to save the deceased.. he would further submit that the juvenile is in observation home since 30-4-2024 and completed more than 1 year and three months of the jail sentence and there is no likelihood of early conclusion of trial as till the date charges have not been framed. Hence, it is prayed that the impugned order dated 19-6-2025 passed in Criminal Appeal No 29 of 2025 as well as the order of the Juvenile Justice Board be set aside and the juvenile be released on bail during pendency of the criminal case No. 29 of 2024. 5. Per contra, learned counsel for the State opposing the bail application would submit that there is clear allegation against the applicant regarding commission of offence. He would further submit that the State has received report of Probationary Officer, wherein it has been stated that the applicant has no previous criminal antecedent but recommended that if the applicant is released on bail, he will be in contact with anti social element. Hence, the instant criminal revision may kindly be rejected. He would further submit that it has been informed by the Principal Magistrate that charges could not be framed as the juvenile was not present before the Juvenile Justice Board on 30-7-2025 and 13-8-2025, therefore, trial is delayed. 6. I have heard learned counsel for the parties and perused the case diary with utmost satisfaction. 4 7. Considered on the submission made by the counsel from both the sides. This fact has been observed in the impugned order that there is prima facie involvement of the applicant in the commission of offence. Whether the applicant made an attempt to save the deceased or not is matter of evidence and the social status report given by the Probationery Officer clearly indicates that the applicant may be associated with unsocial element, therefore, I am of this view that sufficient grounds are available for rejection of prayer for grant of bail. Considering the facts, material placed on record and gravity of the offence, it is quite vivid that no irregularity or illegality has been committed by the Juvenile Justice Board as well as by the appellate Court in not releasing the applicant. This revision petition is without any substance and is hereby dismissed. 8. However, the applicant/juvenile is at liberty to file afresh petition after recording of some witnesses. 9. It has been informed that the applicant is prosecuting studies, considering this aspect of the matter, the State is directed to provide video conferencing facility for imparting his eduction to the applicant for contacting his teacher from juvenile home. Parents of the applicant/juvenile are directed to provide stationary and books to the juvenile in the juvenile home so that the future of the applicant may not be adversely affected. 10. A copy of this order be sent to the concerned Juvenile Justice Board for compliance as well as for providing facilities at juvenile home. Certified copy, as per rules. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.09.09 19:34:21 +0530