Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 21177 (CHH)

ABC v. STATE OF CHHATTISGARH,

CRR/557/2026 · 2026-06-14

Shri Radhakishan Agrawal

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 557 of 2026 • ABC ...Applicant versus • State of Chhattisgarh, Through - Station House Officer,police Station Baloda, District- Janjgir-Champa (C.G.) ...Non-applicant For Applicant : Mr. Ravi Kumar Bhagat, Advocate on behalf of Mr. C.P. Lahrey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 15/06/2026 1. The present criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, “the Act, 2015”) has been preferred by the applicant against the impugned order dated 28.02.2026 passed by the learned Additional Sessions Judge, F.T.S.C. (POCSO), Janjgir, District Janjgir-Champa, C.G., in Criminal Appeal No.26/2026, affirming the order dated 19.02.2026 passed by the Principal Magistrate, Juvenile Justice Board, Janjgir, District Janjgir- Champa, C.G., whereby the bail application of the applicant was rejected in connection with Crime No.47/2026 registered at Police AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.06.15 17:10:02 +0530 2 Station Baloda, District Janjgir-Champa, C.G., for the offences punishable under Sections 109(1), 115(2), 296, and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Case of the prosecution, in brief, is that on 29.01.2026 at about 8:30 p.m., while the complainant, along with his friend Durgesh Yadav, was playing the online game Free Fire near Sagar Pond, Village Jarve (B), the juvenile applicant came to the spot and picked a quarrel with them. It is alleged that during the course of the altercation, the juvenile applicant abused the complainant and Durgesh Yadav in filthy language and assaulted Durgesh Yadav with a knife, as a result of which he sustained simple injuries. On the basis of the report lodged in this regard, the aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents, is innocent, and has been falsely implicated in the present case. He further submits that the applicant is not involved in the alleged crime. It is also submitted that the applicant has been in the observation home since 02.02.2026, i.e., for about four months, and that the social status report is in his favour. He contends that there is no likelihood that his release would bring him into association with any known criminal or expose him to any moral, physical, or psychological danger. It is further submitted that the learned trial Courts have rejected the bail application of the applicant without proper consideration. Therefore, considering the provisions of the Act, 2015, it is prayed that the applicant be released on bail. 3 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail to the applicant. However, he submits that the social status report is in favour of the applicant, that he has no criminal antecedents, and that there is no apprehension of his involvement in the alleged crime. 5. I have heard learned counsel for the parties and perused the material available on record. 6. 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. 7. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, and also taking into account that the social status report is not against the applicant and does not indicate anywhere that his release on bail would bring him into contact with any known criminal or expose him to any moral, physical, or psychological danger, or otherwise defeat the ends of justice, and that he has no criminal antecedents, coupled with the fact that the applicant has been in the observation home since 02.02.2026, i.e., for about four months, and without commenting on the merits of the case, I find it appropriate to release the applicant on bail. 4 8. Accordingly, the orders passed by the Special Judge and the Juvenile Justice Board are set aside, and the criminal revision is allowed. It is directed that upon the applicant furnishing a personal bond in the sum of Rs.10,000/- through his parents/guardians, along with one local surety in the like amount to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be released into the custody of his parents/guardians. Along with the bail bonds, copies of the Aadhaar Cards and coloured passport-size photographs of the applicant as well as the surety shall also be submitted, which shall be duly verified by the trial Court. 9. It is observed that the person stands as surety will furnish an undertaking that the applicant shall not come in contact with any bad element and in case, if they are found to be indulged in any unlawful act, the surety/father of the applicant shall inform to the concerned Police Station. Sd/- (Radhakishan Agrawal) Judge Akhilesh