JUVENILE IN CONFLICT WITH LAW v. STATE OF CHHATTISGARH
CRR/180/2025 · 2025-03-24
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7895 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7895 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.1
2025:CGHC:14153 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 180 of 2025 Juvenile In Conflict With Law S/o Xyz, Through Her Sister-Abc (Details Are In Closed Envelope)
... Applicant(s) versus 1 - State of Chhattisgarh Through District Magistrate, Dhamtari, Distt. Dhamtari (C.G.) 2 - Police Station -Sihawa Distt.- Dhamtari (C.G.).
---- Respondents For Applicant : Mr. Sajal Gupta, Advocate For State/Respondent : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma
Order On Board 24/03/2025
1. Challenge in this petition is to the order dated 20.01.2025, passed by learned Sessions Judge (FTC), Dhamtari, (C.G.), (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the order dated 25.09.2024 passed by the Juvenile Justice Board, has been dismissed, whereby the applicant has been denied bail.
Page No.2
2.
Brief facts of this case are that on 13.07.2023, a child in conflict with law and co-accused Gyanendra Netam attacked the complainant/victim with a knife, while other co-accused/Hiteshwar Markam assaulted the victim with fists and co-accused/Rohan Bhoi assaulted him by means of stick. When Manish Shandilya tried to intervene, he has been also abused with vulgar language and threatened to death. Hiteshwar and child in conflict with the law punched him, Rohan Bhoi hit him with a stick, and Gyanendra Netam attempted to strangle him. Upon witnessing the incident, Tarun Dhruv, Sunil Sahu, and Umesh Dhruv rushed to intervene, açcused persons chased them with knives and sticks. Based upon report, FIR was registered against the applicant for offence punishable under Sections 307, 294, 323, 506, 34 of I.P.C. and Section 25 & 27 of the Arms Act and he has been arrested on 14.07.2023.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no offence has been committed by him and he is minor, therefore, the applicant may be enlarged on bail. Co-accused persons have been granted bail by the Court below vide order dated 03.07.2024
4. Learned State Counsel opposes the submission made by counsel for the applicant would submit that there is specific allegation against the applicant of committing the alleged offence/crime, hence, he may not be released on bail.
Page No.3
5. Considering facts of this case, nature of offence, submission of
learned counsel for the parties, the fact that co-accused persons have been granted bail by the Court below on 03.07.2024, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, detention period of applicant in observation home, I am inclined to allow the revision petition and release the applicant on bail.
6. 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.