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2026 DAILYLAW 27018 (CHH)

ABC v. STATE OF CHHATTISGARH

CRR/488/2026 · 2026-07-15

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010141742026 2026:CGHC:30225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 488 of 2026 • ABC (Juvenile) ...Applicant versus • State of Chhattisgarh, Through S.H.O. Police Station- Urla, District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For State/Non-applicant : Mr. Himanshu Yadu, Panel Lawyer. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 16/07/2026 1. The present revision petition has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, “the Act, 2015”) against the impugned order dated 23.03.2026 passed by the learned Additional Sessions Judge (FTC), Raipur, District Raipur (C.G.) in Criminal Appeal No.100/2026, whereby the order dated 07.03.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur (C.G.), rejecting the bail application of the applicant, has been upheld. The said application arises out of Crime No.117/2025 registered at Police Station Urla, District Raipur AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.07.16 16:42:59 +0530 2 (C.G.) for the offence punishable under Section 20(b) of the NDPS Act. 2. Case of the prosecution, in brief, is that on 14.06.2025, acting on secret information, the police apprehended the present juvenile in conflict with law near Bada Talab, Santosh Nagar, Birgaon, District Raipur. During the search, 3.994 kilograms of ganja was allegedly recovered from a light blue air bag in his possession. On the basis of the said seizure, a report was lodged and the aforesaid offence was registered against the present juvenile. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant is aged about 17 years and has no criminal antecedents. The applicant is in the observation home since 14.06.2025 i.e. for more than one year and the social status report is not against the applicant. There is no likelihood that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger. It is further submitted that 3.994 kilograms of ganja is alleged to have been seized from the possession of the applicant, which is below commercial quantity, and there is no material on record to support the said seizure. It is also submitted that the learned both the Courts have rejected the bail application of the applicant without proper consideration. Therefore, it is prayed that, considering the provisions of the Act, 2015, the applicant be released on bail. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail. However, he submits that as per the social status report, there are no criminal antecedents against the applicant. 3 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 taking into account that the social status report is not against the applicant and does not indicate 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 further considering that the applicant has no criminal antecedents and has been in the Observation Home since 14.06.2025, i.e., for more than one year, without commenting on the merits of the case, this Court finds it appropriate to release the applicant on bail. 8. Accordingly, the orders passed by the learned Sessions 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 4 applicant shall be released into the custody of his parents/guardians. Along with the bail bond, a copy of the Aadhaar Card and a coloured passport-size photograph of the applicant as well as the surety shall also be submitted, which shall be duly verified by the concerned Court. 9. It is observed that the person standing as surety shall furnish an undertaking that the applicant will not come into contact with any undesirable elements, and in case he is found indulging in any unlawful activity, the surety/parents of the applicant shall inform the concerned Police Station. Sd/- (Radhakishan Agrawal) Judge Akhilesh