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2026 DAILYLAW 11028 (CHH)

XYZ v. STATE OF CHHATTISGARH

CRR/147/2026 · 2026-02-09

Shri Sanjay Kumar Jaiswal

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:7339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 147 of 2026 1 – XYZ Nill ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Gidhpuri, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Respondent For Applicant : Mr. P.K. Patel, Advocate. For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/02/2026 1. The present Revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act, 2015”) has been preferred against the impugned order dated 11.12.2025 passed by learned Juvenile Court/Additional Sessions Judge (F.T.C.) Balodabazar, District - Balodabazar-Bhatapara, C.G. in Criminal Appeal No.81/2025, upholding the order dated HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.10 18:10:40 +0530 2 19.11.2025 passed by the Principal Magistrate, Juvenile Justice Board, Balodabazar, District – Balodabazar- Bhatapara (C.G.) rejecting the bail application of the applicant in connection with Crime No. 144/2025 registered at Police Station Gidhpuri, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 109 of BNS and Sections 25 and 27 of the Arms Act. 2. The prosecution's case, in brief, is that complainant Prakash Jaiswal lodged a report stating that on 02.11.2025 when he was returning his home at about 12 O’clock, he saw that his uncle’s sone Guman Jaiswal was being attacked by the applicant/juvenile in the village near the boring in front of Rajkumar Sahu grocery shop, when suddenly he took out a knife from his pocket and attacked Guman Jaiswal with deadly weapons. When he ran near to intervene, the applicant/juvenile attacked Guman Jaiswal twice in the stomach and fled from there. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has no criminal past, he is innocent and has been falsely implicated. The applicant is in observation home since 03.11.2025. The social investigation report is in the favour of the applicant. There is no likelihood that his release would bring him into association with any known 3 criminal or expose him to moral, physical or psychological danger. Both the learned Courts have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that the applicant is aged about 17 years & 10 months and the applicant committed the grave offence of attempt to murder by a deadly weapon i.e. knife and the knife has been seized from the applicant, therefore, looking to the nature of the crime committed by the applicant, at this stage, he may not be released on bail. 5. Section 12 of the Act, 2015 makes it absolutely clear that a child alleged to be in conflict with law should be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. The only embargo created is that in case the release of the child is likely to bring him into association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied. 6. The bail application of the applicant has been rejected by the Juvenile Justice Board on the ground that in case the applicant is released on bail it is likely to bring him into association with known criminals or expose the child to 4 moral, physical or psychological danger. 7. By the Additional Sessions Court (FTC), Balodabazar, the appeal of the applicant has been rejected on the ground that even after the report given by the probation officer is in favour of the applicant/juvenile, considering the nature of the crime committed, granting the benefit of bail to the child would defeat the purpose of justice and it cannot be denied that his moral and psychological aspect would also be affected by granting him the benefit of bail. Keeping the juvenile in the observation home would be beneficial for him from child welfare schemes and regular counselling, so that moral values can be developed in him. 8. Considering the findings given by the Juvenile Justice Board and the Appellate Court and also considering the overall situation of the crime, it is found that if the applicant is released on bail it is likely to bring him in moral and psychological danger and the object of justice would be defeated. 9. Consequently, Criminal Revision No. 147/2026 has no merits; and is hereby dismissed. However, the learned trial Court is directed to expedite the enquiry in the matter. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu