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2026 DAILYLAW 26711 (CHH)

A (JUVENILE - CONFLICT WITH LAW) v. STATE OF CHHATTISGARH

CRR/591/2026 · 2026-07-14

Shri Radhakishan Agrawal

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010160832026 2026:CGHC:29950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 591 of 2026 A (Juvenile - Conflict With Law) R/o Xyz (Details Attached In Separate Envelop With The Memo Of Revision) ….Applicant versus State Of Chhattisgarh Through- Station House Officer, Chowki C.S.E.B. Thana Civil Line, Rampur, Korba -District- Korba C.G. ... Respondent For Applicant : Mr. Sanjay Patel, Advocate For State/ Respondent : Ms. Supriya Upasane, G.A. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 15/07/2026 1. The present criminal revisions under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, “the Act, 2015”) have been preferred by the applicant against the impugned order dated 30.03.2026 passed by the learned Special Children Court, FTC, Korba District-Korba in Criminal Appeal No. 38/2026 affirming the order dated 12.03.2026 passed by the Principal Judge Juvenile Justice Board, Korba, District Korba (C.G.), whereby the bail application of the applicant was rejected ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.07.15 18:10:59 +0530 2 in connection with Crime No.60/2026 registered at Chowki CSEB, Police Station Civil Lines, Rampur, District Korba, C.G., for the offences punishable under Sections 296, 109(1), 351(3), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Case of the prosecution, in brief, is that on 23.01.2026, the complainant along with his friends went to Ratakhar to hang out and while returning, they stayed near a pump house at the house of one of his friends, namely, Sahil Patel. During their stay, the accused persons called the complainant on the phone and enquired about his location, thereafter, multiple accused persons reached the spot and started abusing and assaulting the complainant with fists, kicks and knife. Due to the intervention of his friends, the complainant survived. On the basis of the said incident, the present FIR has been lodged against the applicant and other co-accused person. 3. Learned counsel for the applicant submits that the applicant is a juvenile in conflict with law and has been falsely implicated in the present case. It is submitted that the applicant is a school-going boy and has been lodged in the Observation Home since 24.01.2026. It is further submitted that no weapon has been seized from the possession of the applicant and he has no criminal antecedents. It is also submitted that the social investigation report is not adverse to the applicant and does not indicate that his release would bring him into association with known criminals or expose him to any moral, physical or 3 psychological danger. It is further submitted that the co-accused persons have already been enlarged on bail by this Court and, therefore, the applicant is also entitled to the benefit of bail. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail to the applicant. 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 adverse to the applicant and does not indicate anywhere that his release on bail would bring him into contact with any known criminal or expose them to any moral, physical, or psychological danger, or otherwise defeat the ends of justice, and that he has no criminal antecedent, coupled with the fact that the applicant has been in the observation home since 24.01.2026, i.e., for more than 5 months, 4 and without commenting on the merits of the case, I find it appropriate to release the applicant on bail. 8. 8. Accordingly, the order passed by the Principal Judge and the Juvenile Justice Board is set aside, and the criminal revision is allowed. It is directed that the applicant furnishing a personal bond in the sum of Rs.20,000/- 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 respective parents/guardians. Along with the bail bond, copies of the Aadhaar Card and coloured passport-size photograph 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 he is found to be indulged in any unlawful act, the surety/father of the applicant shall inform to the concerned Police Station. 10. Registry is directed to return the case diary to the concerned Police Station. Sd/- (Radhakishan Agrawal) Judge Arpan