1 2025:CGHC:9521 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 261 of 2025 Juvenile Conflict With Law Nil. ... Applicant versus State Of Chhattisgarh Through P.S. Purani Basti, Distt.- Raipur, C.G. ... Respondent ------------------------------------------------------------------------------------------------------------- For Applicant : Mr. Tanuj Patwardhan, Advocate For State : Mr. Karan Kumar Bharani, Panel lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 25.02.2025 1. Heard IA No. 01/2025, an application for condonation of delay in filing of the instant revision. 2. On due consideration and for the reasons assigned therein, I am inclined to allow the same. Delay of 85 days in filing of the instant revision is hereby condoned. Accordingly, IA No. 01/2025 stands allowed. 3. This criminal revision has been preferred by the Juvenile under Section 102 of the Juvenile Justice( Care and Protection of Children) Act, 2015 being aggrieved with the impugned order dated 20.08.2024 passsed by Upper Sessions Judge (F.T.C.) Raipur C.G. in Criminal Appeal No. 268 of 2024 wherein the learned Appellate Court has affirmed the order passed by the Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur C.G. (Annexure P/1). 4. Brief facts of the case are that Mrs. Kumari Sonkar’s lodged 2 report in the police station Purani Basti to the effect that on 25.03.2024 around 6 she was informed by her nephew that her son namely Mohit Sonkar is lying dead aside the road and had deep bruises in his cheeks, chest, ribs, thighs and stated that some unknown person has killed him. On the basis of the resport FIR No. 126 of 2024 was registered at the concerned police station for the offence punishable under Section 302 of IPC. The case was taken into investigation and one Narayan Sahu was arrested and thereafter the present applicant was arrested on 26.03.2024. Charge sheet was filed wherein Section 120(b) of the Indian Penal Code, 1860 was added. The applicant filed an application under Section 12 of the Act of 2015 before the learned Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur C.G. which was dismissed on 07.07.2024. The applicant assailed the order dated 07.07.2024 before the Upper Sessions Judge, FTC Raipur C.G. by filing an appeal under Section 101 of the Act of 2015 which too got dismissed by an order dated 20.08.2024. 5. Learned counsel for the applicant contended that the impugned orders are perverse, illegal and contrary to the law applicable to the facts and circumstances of the case. He further contended that the applicant is a 16 year old juvenile, against whom no criminal case has been registered in past nor has ever been involved in any such activities. Hence he pleads to call the entire records pertaining to the case and set aside the impugned order dated 20.08.2024 passed by the concerned Judge and applicant be released on bail in the interest of justice. 6. Per contra, learned counsel for the state opposes the submission made by the learned counsel for the applicant and submits that the applicant may not be released on bail. He also put forth the status report submitted by the probation officer regarding the applicant as Annexure P/2 where it clearly reveals the addiction of the applicant. 3 7. Section 12 of the Juvenile Justice(Care and Protection of Children) Act, 2015 provides as under:- 12. Bail of juvenile (1)When any person accused of a bailable or non-bailable of- fence, 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 re- leased on bail with or without surety [or placed under the super- vision of a Probation Officer or under the care of any fit institu- tion or fit person] [ Inserted by Act 33 of 2006, Section 10 (w.e.f. 22.8.2006).] 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. (2)When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police sta- tion, such officer shall cause him to be kept only in an observa- tion home in the prescribed manner until he can be brought be- fore a Board. (3)When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regard- ing him as may be specified in the order. 8. Considering the facts of this case, submission of learned counsel for the parties and further considering the nature and gravity of the offence, Probation Officer has submitted in the report that the child in conflict with law is an alcoholic, he need to be kept in observation home. Hence, it is a sufficient as well as reasonable ground for believing that on release of the child in conflict with law will get into association with known criminals and expose him morally, physically and psychologically therefore, if this court 4 releases the child in conflict with law it will defeat the ends of justice. Therefore, this court is of the opinion that the appellate court has not committed any illegality or perversity and there is no jurisdictional error in the impugned order hence, it is not a fit case to set aside the impugned order dated 20.08.2024. 9. Accordingly, the instant revision of the applicant filed under Section 102 of the Juvenile (Care and Protection of Children) Act, 2015 is rejected. 10. Consequently, the present CRR stands disposed of. sd/- (Arvind Kumar Verma) Judge alfiza