1 2025:CGHC:14506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 314 of 2025 1 - A Juvenile In Conflict With Law (M), Nil ... Applicant(s) versus 1 - State Of Chhattisgarh Through The District Magistrate, Manendragarh, District- M.C.B. (C.G.) ----Respondent For Applicant : Mr. Shivendu Pandey, Advocate For State : Mr. G.L. Uike, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 26/03/2025 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 read with Section 438/442 of the B.N.S.S. against the impugned judgment dated 20.12.2024 passed by the Learned Additional Session Judge (FTSC), Manendragarh, District Koriya in Criminal Appeal No. 110/2024 whereby the learned Court below dismissed the bail application as well as appeal filed by the applicant. Digitally signed by JYOTI JHA Date: 2025.03.27 10:53:12 +0530 2 3. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Akanksha Singh, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 4. After going through the documents, Akanksha Singh, Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 5. Brief facts of the case prosecution case is that the complainant namely Govind Basor father of the deceased namely Lalu Prasad Basor lodged a report in the Police Staion - Manendragarh, District M.C.B. (C.G.) to effect that there was some old dispute between the deceased and present applicant along with other accused person regarding the sister of the present applicant absconded with neighbor Anand with help of sister of the deceased. On which the present applicant along with other accused person were kept enmity with the deceased. On 28/08/2023, the dead body of the deceased was found in the house of the Jamuna Prasad at village chougadha, panika para Police Staion Manendragarh, District M.C.B. (C.G.). On the date of incident i.e. on 27/08/2024 at about 18:00 P.M., the present applicant along with other accused person have made conspiracy of murder of the deceased and on this plan, the present applicant along with other accused person was taken the deceased from his house for drinking liquor and, thereafter, they were drinking the liquor, in meanwhile, the present applicant along with other accused person dissolve the poison in the 3 liquor of the deceased due to this, the deceased was died after some time. After the incident, the report was lodged by the complainant. On the basis of above report of the complainant, the Police Staion Manendragarh, District M.C.B. (C.G.) registered the report for offence punishable u/s 302 & 120(B) of I.P.C. and 3 (2-5) of Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 at crime No. 23/2024. It is pertinent to mention here that on the date of occurrence, the present applicant are juvenile. On the basis of the above report, the police arrested present accused/applicant and other accused persons for the above said offence. 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 Principal Magistrate of Juvenile Justice Board, Baikunthpur, District - Koriya (C.G) which has been rejected by this court in Criminal Case No. 26/2024 vide order dated 01/02/2024. 6. 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 one year in jail and if the minor appellant is not granted bail, then his future will be adversely effected. The applicant is in jail since 19.01.2024, hence he prays that the applicant be enlarged on bail. 7. Learned State counsel opposes the prayer for grant of bail to the present applicant. 4 8. I have heard learned counsel appearing for the parties and perused the record. 9. Taking into consideration the facts and circumstances of the case and also considering the period of detention of the applicant i.e. more than 1 year and considering the fact that the applicant who is young boy is in observation home since 19.01.2024 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 from the concerned Juvenile Justice Board. 10.In view of the above, the present Criminal Revision is allowed and the judgment dated 20.12.2024 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. 11.The Criminal Revision is allowed. Sd/- (Arvind Kumar Verma) Judge Jyoti