1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 218 of 2025 1 - XYZ ( Juvenile Conflict With Law). ... Applicant versus 1 - State of Chhattisgarh Through P.S. Azad Chowk, District - Raipur, Chhattisgarh. ... Respondent(s) For Applicant : Shri Pushkar Sinha, Advocate. For Respondent-State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 01 .0 5 .202 5 1. The present Criminal Revision has been preferred against the order dated 13.01.2025 passed in Criminal Appeal No.16/2025 by the Additional Sessions Judge (FTC) Raipur upholding the order dated 26.12.2024 passed by the Juvenile Justice Board, Raipur, rejecting the bail application of the applicant in connection with Crime No.424/2024 registered at Police Station, D.D. Nagar, Raipur for the offence under Sections 109 and 3(5) of BNS, 2023. 2. The prosecution case is that on 01.11.2024 at about 8 PM the applicant along with two other co-accused persons assaulted the injured complainant Shivam Diwan by knife and Danda by which he received injuries on his right hand. The FIR was registered. The present applicant and two other co-accused persons were taken into custody. 3. Learned Counsel for the Applicant would submit that the applicant is admittedly a juvenile. There is no criminal antecedent of the present Digitally signed by INDRAJEET SAHU Date: 2025.05.02 10:20:33 +0530 2 applicant. The applicant is in the observation home since 05.11.2024. While considering the bail application of juvenile, the merits of the case is not to be considered and in view of the provisions of Section 12 of the Juvenile Justice Act, 2015 (in short, the Act, 2015) the applicant is entitled to be released on bail. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submitted that the present applicant along with two other co-accused persons, who are major, have assaulted the injured by knife and Danda. Further, when the injured left the place of incident, the applicant and other co-accused persons chased him and again assaulted him which shows criminal tendency of the applicant and therefore he is not entitled for bail. 5. I have heard the counsel for the parties and perused the case diary and material annexed with the petition. 6. In case of Dayasagar Yadav @ Sagar Vs. State of Chhattisgarh1 this court has observed in para-6 as under: “6. The scope and object of provision regarding grant of bail to a Juvenile as envisaged under Section 12 of the Act came up for consideration before the Single Judge of this Court in the case of Bharat @ Bhrat & Another (supra), wherein it was held that the use of word "Shall" by the legislative provisions in the Section 12 of the Act is of great significance and which raises a presumption that the particular provision is imperative and makes it manifest that ordinarily the Board is under obligation to release the Juvenile on bail with or without surety, but the Juvenile shall not be so released in certain circumstances as latter part of the Section also uses the word "Shall" imposing certain mandatory conditions prohibiting the release of the Juvenile by the Board. It has also been held that ordinarily the bail has to be granted to the Juvenile and would be liable to be rejected only when it appears to the Board that either of the three conditions mentioned in Section 12 of the Act are existing.” 7. The said observations of the court was based upon the decisions rendered in case of Akhilesh Kumar Vs. State of Chhattisgarh2 as 1 2011 (1) CGLRW-140 2 2006 (1) CGLJ 305 3 well as judgment delivered by the MP High Court in case of Rahul Mishra Vs. State of Madhya Pradesh3. 8. Before considering the case of the applicant it would be appropriate to consider Section 12 (1) of the Act 2015, which reads as under: "Section 12: (1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.” 9. A plain reading of the said section by itself gives a clear indication that under the normal circumstances as a matter of routine, in case an accused person happens to be a juvenile and is arrested, detained and is brought before the Board, such person notwithstanding anything contained in either Code of Criminal Procedure or under any other special law which is in force should be released on bail. But at the same time the latter part of Sub Section 1 of Section 12 clearly envisages the fact that in a given factual background of a case if it appears to the Court that the releasing of the said juvenile can bring him into the association of the company with which he landed himself in the remand home or he may get exposed to moral and psychological danger as also exposing himself to physical danger, the juvenile may not be released. 10.Considering the total facts and circumstances of the case, particularly the fact that the Applicant being juvenile is already in observation home for more than six months; the fact that there is no past criminal record 3 2001 Cri.LJ 214 4 and also keeping in mind the fact that if the applicant is released on bail; there is no chances of his coming into association with known bad company which could further expose him to moral as well as psychological danger; further it also appears that there was no criminal motive or intention on the part of the applicant, this court is of the opinion that it is a fit case where the applicant can be released on bail. 11. Accordingly, the Criminal Revision is allowed. The orders passed by the court below are set aside. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by the parent/guardian of juvenile with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board for appearance of the applicant as and when directed, he shall be given in custody of the said guardian. Sd/- (Ravindra Kumar Agrawal) Judge inder