Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 29673 (CHH)

XYZ (JUVENILE) v. STATE OF CHHATTISGARH

CRR/977/2026 · 2026-07-28

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010286972026 2026:CGHC:32576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 977 of 2026 Xyz (Juvenile) Nil ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station D.D. Nagar, District – Raipur, Chhattisgarh. ... Non-applicant For Applicants : Mr. Rahil Arun Kochar, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Minor) Act, 2015, against the order dated 09.07.2026 passed by the learned Additional Sessions Judge (F.T.C.)/Children Court, District – Raipur (C.G.) in Criminal Appeal No. 217/2026, whereby the appeal preferred by the present applicant has been dismissed therein affirming the order dated 05.06.2026 passed by the learned Juvenile Justice Board, District – Raipur (C.G.) in Crime No. 337/2026 registered at Police Station D.D. Nagar, District – Raipur (C.G.). 2. The applicants are being prosecuted for offences punishable under Sections 126(2), 191(3), 296, 115(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. As per the prosecution case, on the night of 26.05.2026, both groups were present at a birthday party hosted by one Aashutosh Tiwari at a farmhouse situated at Ameshwar, Raipur. During the course of the party, a verbal altercation allegedly took place between the present applicant and one Lacchi Pahuja concerning their respective car rental businesses. The said altercation, however, was immediately intervened and amicably pacified by the common friends present at the party, and thereafter all concerned dispersed from the venue. That, according to the prosecution, on 27.05.2026, when complainant Sachin Poptani along with Lacchi Pahuja was returning home, their vehicle was allegedly intercepted near Kushpur Bridge, Ring Road No.1, Raipur, where a sudden altercation ensued between the parties. During the course of the said incident, it is alleged that the present applicant caused an injury with a sharp- edged object to one Harish Kumar, while allegations of assault by hands and fists have been levelled against the remaining co- accused persons. It is further alleged that abuses and threats were also exchanged during the incident. Crime has been registered against the applicant and other co-accused persons. The applicant was arrested on 28.5.2026 and produced before the Juvenile Justice Board from where they were sent to the observation home. 4. The present applicant preferred an application for bail before the learned Juvenile Justice Board, District – Raipur (C.G.) which was rejected on 05.06.2026. Being aggrieved by the order dated 05.06.2026, the applicants/juveniles filed an appeal before the 3 appellate Court, which has been dismissed vide impugned order dated 09.07.2026. 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 the co-accused, namely, Mihir Bhanasali has already been granted anticipatory bail by this Court vide order dated 08.07.2026 in MCRCA No. 986 of 2026 and as such the case of the present applicants is similar to that of the co-accused who has been granted anticipatory bail by this Court. Hence, on the ground of parity he prays for grant of bail to the present applicants. 6. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the records. 8. From perusal of records, it appears that the applicant is juvenile and there is no criminal antecedents against him prior to this case and further, the co-accused, namely, Mihir Bhanasali has already been granted anticipatory bail by this Court vide order dated 08.07.2026 in MCRCA No. 986 of 2026. Considering the above aspect, I am inclined to allow this criminal revision on the ground of parity, as the case of the present applicants is similar to that of the co-accused who have been granted anticipatory bail by this Court. 9. Consequently, criminal revision is allowed. The judgment dated 09.07.2026 passed by the learned Additional Sessions Judge 4 (F.T.C.)/Children Court, District – Raipur (C.G.) in Criminal Appeal No. 217/2026 and order dated 05.06.2026 passed by the learned Juvenile Justice Board, District – Raipur (C.G.) in Crime No. 337/2026 registered at Police Station D.D. Nagar, District – Raipur, 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 their natural guardian/father/mother, to the satisfaction of the concerned Juvenile Justice Board, for this appearance as when directed, the applicants shall be given in custody of their natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar