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2026 DAILYLAW 27774 (CHH)

XYZ v. STATE OF CHHATTISGARH

CRR/686/2026 · 2026-07-19

Criminal Appealbody2026

Judgment text

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1 CGHC010189982026 2026:CGHC:30754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 686 of 2026 Xyz (Juvenile In Conflict With Law) (Description Of Applicant And Legal Guardian Is In Closed Envelope) ... Applicant(s) versus State Of Chhattisgarh Through The Statiou House Officer, Police Of Police Station Manendragarh, District Manendragarh - Chirmiri- Bharatpur (C.G.) ... Non-applicant(s) For Applicant : Mr. Ramsajivan, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.07.2026 1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 21.04.2026 passed in Criminal Appeal No. 24//2026 by the learned 1st Additional Session Judge, Manendragarh, District- Koriya (C.G), whereby the appeal preferred by the present applicant has been dismissed. 2. As per the prosecution story, on 12.01.2026, on receipt of a secret information that a child in conflict with law was coming from KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Khongapani towards Manendragarh carrying narcotic injections in his possession for the purpose of sale, the police, accompanied by staff members and independent witnesses, proceeded to the spot and laid a trap near the factory of Parvez Ansari, situated inside the Railway Bridge at Mauharpara. The child in conflict with law was apprehended and upon search of an old white bag being carried by him, 19 AVIL injections of 10 ml each, 46 Buprenorphine injections of 2 ml each and one Realme mobile phone were recovered and seized in presence of the witnesses. Thereafter, on returning to the Police Station, Crime No. 09/2026 was registered against the child in conflict with law for the offence punishable under Section 22(c) of the NDPS Act and after his apprehension, he was produced before the concerned Juvenile Justice Board from where he was sent to jail. 3. The applicant preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, seeking his release on bail before the Juvenile Justice Board, Baikunthpur, District- Koriya (C.G.), however, the said application was rejected by the Juvenile Justice Board vide order dated 11.02.2026. Being aggrieved by the order dated 11.02.2026, the applicant/juvenile filed an appeal before the appellate Court, which has also been dismissed vide impugned order dated 21.04.2026. Hence, this revision for grant of bail. 4. Learned counsel for the applicant submits that the impugned orders passed by the both the Courts rejecting the bail application of the applicant are illegal, erroneous and contrary to the settled principles 3 of law and therefore, deserve to be set aside. It is submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that both the Courts have failed to appreciate that the Social Status Report is in favour of the applicant and have rejected the bail application merely on the ground of the seriousness of the offence without recording any finding that the release of the applicant would defeat the ends of justice as contemplated under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which governs the case of the present applicant. It is also submitted that the mother of the applicant is willing to take his custody. Learned counsel further submits that the applicant has no criminal antecedents, he has been lodged in the Observation Home since 12.01.2026, the charge- sheet has already been filed and there is no likelihood of his tampering with the prosecution evidence. Therefore, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the revision and supports the impugned orders passed by both the Courts below. It is submitted that commercial quantity of contraband has been seized from the possession of the applicant and therefore, looking to the nature and gravity of the offence, the applicant is not entitled to be released on bail. It is further submitted that if the applicant is released on bail, there is every likelihood of his indulging in similar activities and influencing the prosecution witnesses. However, it is fairly submitted that the applicant has no criminal antecedents. 4 However, the revision being devoid of merit deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the records. 7. Upon perusal of the case diary and the material available on record, it appears that the applicant, who is a child in conflict with law, was apprehended on 12.01.2026 and commercial quantity of contraband injections was allegedly recovered from his possession. Although the offence alleged is under Section 22(c) of the NDPS Act, the case of the applicant is governed by the beneficial provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. It is not in dispute that the applicant has no criminal antecedents, he has been lodged in the Observation Home since 12.01.2026, the charge-sheet has already been filed and the Social Status Report is not adverse to him. Further, there is no material on record to indicate that his release would bring him into association with any known criminal, expose him to moral, physical or psychological danger, or defeat the ends of justice. Therefore, without commenting on the merits of the case, this Court is inclined to extend the benefit of bail to the applicant. 8. Consequently, the present criminal revision stands allowed. The impugned order dated 11.02.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Baikunthpur in Crime No. 09/2026, whereby the bail application of the applicant was rejected and the order dated 21.04.2026 passed by the learned 1st Additional Sessions Judge, Manendragarh, District -Koriya, affirming the said 5 order, are hereby 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 his appearance as when directed, the applicant shall be given in custody of his natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Kunal