Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:23844
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 558 of 2026 Abc Nil
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Champa, District – Janjgir-Champa (C.G.)
... Non-applicant For Applicants : Mr. Gurudev I. Sharan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 15.06.2026
1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Minor) Act, 2015 read with Section 438 read with Section 442 of Bhartiya Nagarik Suraksha Sanhita, 2023, against the order dated 28.02.2026 passed by the learned Additional Sessions Judge, FTSC (POCSO), Janjgir, District – Janjgir-Champa (C.G.) in Criminal Appeal No. 27/2026, whereby the appeal preferred by the present applicant has been dismissed therein affirming the order dated 25.02.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Janjgir, District – Janjgir-Champa (C.G.) in Crime No. 594/2025. 2. The applicant is being prosecuted for offences punishable under Sections 109(1), 309(6), 331(6), 111(2), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). As per the prosecution case, on 10.12.2025, the complainant Prakash Dewangan after asking his RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 mother to get ready for going in the Chhatthi Karyakram, went to the market for buying grocery articles. At 18.37 PM, in the evening the mother of the complainant informed in mobile call that when she was getting ready in the room, three boys entered into the house and with the intention of committing murder and lot assaulted her with the means of iron article over her head on which she fell down on the floor. After that those persons while pressing the throat of the mother of the complainant snatched Mangal Sutra and Ear Tops and they ran away from the spot. Further the complainant after hearing this incident in mobile, went back to the home and saw her mother lying on the floor and found bleeding form the head of the mother and also found blood falling on the floor. Further on being asked by the complainant about the incident, the mother narrated the incident to the complainant and she stated that if she would not have shouted and not tried to escape at the time of loot, then definitely the accused persons would have killed her and she also stated that at the time of fleeing away they took name of one person as Nikhil. 3. On the basis of the report, the Police of the Police Station Champa, District Janjgir-Champa (CG) has registered the crime vide crime No. 594/2025 against Nikhil and two others, and started investigation.
During the course of investigation, the memorandum statement of the accused persons have been recorded and on 11.12.2025 the accused persons have been arrested including the present applicant. 4. The present applicant preferred an application for bail before the learned Juvenile Justice Board, Janjgir, District – Janjgir-Champa
3 (C.G.) which was rejected on 25.02.2026. Being aggrieved by the
order dated 25.02.2026, the applicant/juvenile filed an appeal before the appellate Court, which has been dismissed vide impugned order dated 28.02.2026.
5.
Learned counsel for the applicant submits that the applicant is juvenile and there is no criminal antecedents against him prior to this case. He also submits that only Rs. 2,000/- cash has been recovered from the possession of the applicant, and the applicant is a juvenile and he is in observation home, Korba since 11.12.2025. Hence, he prays for grant of bail to the present applicant.
6. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant, and submits that the bail application of the co-accused has already been rejected by this Court vide order dated 16.03.2026 passed in MCRC No.2467/2026.
7. I have heard learned counsel for the parties and perused the records.
8. From perusal of records, it appears that though the bail application of the co-accused has already been rejected by this Court vide order dated 16.03.2026 passed in MCRC No.2467/2026 the applicant is juvenile and there is no criminal antecedents against him prior to this case and further, only Rs. 2,000/- cash has been recovered from the possession of the applicant, and he is in observation home, Korba since 11.12.2025. Considering the above aspect, I am inclined to allow this criminal revision.
9. Consequently, criminal revision is allowed. The judgment dated 28.02.2026 passed by the learned Additional Sessions Judge, FTSC
4 (POCSO), Janjgir, District – Janjgir-Champa (C.G.) in Criminal Appeal No. 27/2026 and order dated 25.02.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Janjgir, District – Janjgir-Champa (C.G.) in Crime No. 594/2025 are set-aside. It is
directed that on furnishing a surety of Rs. 50,000/- along with a bond of same amount which are to be of his natural guardian/father/mother, to the satisfaction of the concerned Juvenile Justice Board, for this appearance as when directed, the applicant shall be given in custody of their natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar