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2025 DAILYLAW 58931 (CHH)

XYZ v. STATE OF CHHATTISGARH

CRR/1392/2025 · 2025-11-17

Shri Arvind Kumar Verma

Criminal Appealbody2025

Judgment text

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1 2025:CGHC:56028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1392 of 2025 1 - Xyz (Juvenile In Conflict With Law) S/o B (As Per Section 74 Of Juvenile Justice (Care And Protection Of Children) Act, 2015) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Sirgitti, Bilaspur District Bilaspur (C.G.) ----Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate For State : Mr. Karan Kumar Bahrani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 18/11/2025 1. The present Criminal Revision is heard finally with the consent of the parties. 2. The applicant has filed the present Criminal Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the impugned judgment dated 16.10.2025 passed by the Learned Additional Session Judge (FTC) and Children Court Bilaspur District Bilaspur in Criminal Appeal No. 258/2025 whereby the learned Court below dismissed the bail application as well as appeal filed by the applicant. Digitally signed by JYOTI JHA Date: 2025.11.19 10:49:00 +0530 2 3. Brief facts of the case prosecution case is that On 22.05.2025, the applicant appeared at Bana Sirgitti, District Bilaspur, and lodged a complaint stating that on 21.05.2025, at 7:30 pm, Sunil Sahu, Sagar Sahu, and a child involved in the legal dispute came to his house. He had already sold the land they had purchased, but they were still demanding a partition and forcibly encroached upon his land. Since there was no access, his daughter-in-law opened the access, after which Sunil Sahu, Sagar Sahu, and a child involved in the legal dispute came to his house, abused him, and then left. Shortly after, his son, Geetaram Sahu, Bedaram Sahu, and their friend, Gaurav Rohidas, returned home. Upon being informed of the abuse, Geetaram Sahu and Bedaram Sahu left the house and said, "Why are you abusing our family members when we are not there?" Sunil came with a crowbar in his hand, and Sagar and the child in conflict with the law, carrying a stick. Again, while abusing, Sunil Banjare struck his younger son, Bedaram, on the head with the crowbar, causing him to bleed. Sunil also struck the elder son, Geetaram Sahu, on the head with the crowbar with the intent to kill him, causing him to faint at the scene. When Sahu tried to intervene, Sunil tried to hit him with the crowbar as well. Sagar Sahu then struck Geetaram in the chest with the crowbar, and the child in conflict with the law hit him with a belt. Based on the applicant's complaint, Crime No. 274/2025 was registered under Sections 103 (1), 3 (5), and 296 of the Indian Penal Code. The child in conflict with the law was found to be involved in the incident and was arrested on May 22, 2025, and detained at the Observation Home in 3 Bilaspur. The present applicant had preferred previously an application u/s 12 of THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 for his release on bail before the Juvenile Justice Board, Bilaspur District Bilaspur (C.G) which has been dismissed on 16.09.2025. 4. It has been argued by the learned counsel for the applicant that that the case depends upon the circumstantial evidence, there is no any eye witness of this case and there is no any other witness stated against the present accused/applicant. He further contended that the applicant is aged about Juvenile and is a student and has served more than 6 months in jail and if the minor appellant is not granted bail, then his future will be adversely effected. The applicant is in jail since 22.05.2025, hence he prays that the applicant be enlarged on bail. 5. Learned State counsel opposes the prayer for grant of bail to the present applicant. 6. I have heard learned counsel appearing for the parties and perused the record. 7. Taking into consideration the facts and circumstances of the case and also considering the period of detention of the applicant i.e. more than 6 months and considering the fact that the applicant who is young boy is in observation home since 22.05.2025 and considering the provisions of Section 12 of the Act of 2015, and in the report of the Probation OfÏcer, there is nothing against the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 4 from the concerned Juvenile Justice Board. 8. In view of the above, the present Criminal Revision is allowed and the judgment dated 16.10.2025 is hereby set aside and it is directed that the 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, with an undertaking of his parents that he will take care of the applicant. The applicant shall appear before the Board concerned as and when directed. 9. The Criminal Revision is allowed. Sd/- (Arvind Kumar Verma) Judge Jyoti