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2026 DAILYLAW 32736 (CHH)

X Y Z v. STATE OF CHHATTISGARH

CRR/996/2026 · 2026-08-06

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 CGHC010286042026 2026:CGHC:34856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 952 of 2026 1 - Xyz S/o Abc Aged About 17 Years Nill (Juvenile) --- Applicant(s) versus 1 - State Of Chhattisgarh Through- S H O Police Station - City Kotwali, Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh --- Respondent(s) CRR No. 996 of 2026 1 - X Y Z S/o A B C ---Applicant(s) Versus 1 - State Of Chhattisgarh Through S H O, Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) --- Respondent(s) CRR No. 995 of 2026 1 - A B C S/o X Y Z ---Applicant(s) Versus 1 - State Of Chhattisgarh Through S H O, Police Station City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) --- Respondent(s) MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.08.07 17:54:06 +0530 2 CRR No. 993 of 2026 1 - Xyz (Juvenile) Nil ---Applicant(s) Versus 1 - State Of Chhattisgarh Through S H O, Police Station - City Kotwali, District - Balodabazaar - Bhatapara (C.G.) --- Respondent(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate For Respondent(s) : Mr. Rishi Raj Pithawa, Dy. Government Advo- cate along with Dr. Smt. Richa Pandey, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 07.08.2026 1. Since all the criminal revisions are arising out of the same incident, therefore, they are heard and being disposed of by common order. 2. The details of criminal revision arising out of order of rejection of bail applications, date of order of the Principal Judge, Juvenile Justice Board and Appellate Children Court are given in the tabulation form as mentioned in annexure A-1 as under: CRR No. Date of order of J.J.Board with crime number and date of arrest Date of order of Appellate Children Court with case No. Offence registered against the applicant(s) CRR/952/2026 18.02.2026, Crime No. 379/2024, 18.11.2025 07.04.2026, CRA No. 25/2026 147, 148, 149, 186, 294, 332, 333, 353, 435, 436, 307, 506, 120(B) of IPC, 3 & 4 of Prevention of 3 Damage to Public Property Act, 1984 and Section 2 of the Prevention of Insults to National Honor Act, 1971 CRR/993/2026 25.02.2026, Crime No. 384/2024, 04.02.2026 07.04.2026, CRA No. 29/2026 147, 148, 186, 332, 353, 427, 440, 120(B) of IPC, 3 & 4 of Prevention of Damage to Public Property Act, 1984 and Section 25 & 27 of the Arms Act CRR/995/2026 18.02.2026, Crime No. 378/2024, 08.01.2026 07.04.2026, CRA No. 27/2026 147, 148, 149, 186, 332, 333, 353, 440, 435, 307, 395, 120(B), 152 of IPC, 3 & 4 of Prevention of Damage to Public Property Act, 1984 CRR/996/2026 25.02.2026, Crime No. 377/2024, 04.02.2026 07.04.2026, CRA No. 28/2026 147, 148, 149, 186, 332, 353, 307, 120(B) of IPC, 3 & 4 of Prevention of Damage to Public Property Act, 1984 3. Heard Mr. Anchal Kumar Matre, learned counsel for the applicants as well as Mr. Rishi Raj Pithawa, learned Dy. Government Advocate along with Dr. Smt. Richa Pandey, learned Panel Lawyer for the Non-applicant/State. 4. The applicants who are juvenile have filed these criminal revisions under Section 102 of the Juvenile Justice (Care and Protection of Children) Act against the order dated 07.04.2026 passed by the Additional Sessions Judge (F.T.C.) and Children 4 Court, Balodabazar, District Balodabazar (C.G.) in Criminal Appeals as detailed above whereby the learned appellate Court has upheld the order dated 18.02.2026 and 25.02.2026 of the learned Principal Judge, Juvenile Justice Board, Balodabazar (C.G.) rejecting the bail applications of the applicants/juvenile in connection with Crime Numbers and for the offence as detailed above. 5. 5. The prosecution story, in brief, is that on 10.06.2024, the complainant, Kanhaiyalal Pawar, lodged a report at Police Station City Kotwali, Baloda Bazar alleging that on the said date, at about 10:00 a.m., when he reached the District Office, Baloda Bazar, in the ordinary course of his official duties, he noticed that extensive barricading had been erected outside and around the District Office. Upon making enquiries, he came to know that the barricading had been put in place in view of a memorandum proposed to be submitted by members of the Satnami community. The Executive Magistrates and police personnel were deployed at various locations to maintain law and order. It is further alleged that between 3:15 p.m. and 4:00 p.m. on the same day, a large unruly mob, armed with lathis, sticks and stones, suddenly resorted to heavy stone-pelting and vandalised the vehicles parked outside the Collectorate premises. Within a short span of time, a large number of miscreants assembled in and around the Collectorate premises. Despite continuous efforts made by the Executive Magistrates and police personnel to restrain and pacify the mob, the assailants allegedly 5 engaged in scuffles with the police and, with the knowledge that a large number of government employees and members of the public were present inside the Collectorate building, deliberately set fire to the building and the vehicles parked in the premises with the intention of causing extensive damage, resulting in the Collectorate premises being engulfed in flames. It has been further contended that when the police personnel attempted to apprehend the unruly and uncontrollable members of the mob, they were assaulted. Nevertheless, some of the miscreants were apprehended by the police and shifted to a place of safety. It is further alleged that had the employees working in the Collectorate not evacuated the building in time, the incident would have inevitably resulted in substantial loss of human life. Owing to the acts of vandalism and arson committed by the miscreants, the Collectorate building as well as several government and private vehicles parked within the premises sustained extensive damage, resulting in the destruction of government and private property worth several crores of rupees. On the basis of the aforesaid report, a criminal case was registered and taken up for investigation. 6. During the course of investigation, sufficient material was collected disclosing the commission of offences as detailed above. During further investigation, the involvement of additional accused persons also came to light. Upon collection of further evidence, supplementary investigation was carried out and the charge-sheet was accordingly filed before the competent Court. During the course of investigation, efforts were made to trace out the absconding 6 accused persons. In the course of such search, the applicants who are juvenile were arrested on the dates as given in the table form by the Special Police Team. 7. Learned counsel for the applicants/juvenile submits that the applicants/juvenile are innocent boys and they have been falsely implicated in these cases. The applicants are in observation home since they have been arrested as detailed above. He would submit that charge-sheet has already been filed and the cases are now fixed for prosecution evidence and the trial will also take time, therefore, the applicants/juvenile may be released on bail. 8. Per contra, learned counsel for the State opposes the bail application and would submit that the applicants are involved in a grave and serious offence arising out of a pre-planned and organized attack on the Collectorate and the Office of the Superintendent of Police, Baloda Bazar. It is submitted that the unruly mob of which the applicants were active participants, indulged in rioting, assaulted police personnel and public servants on duty, vandalized government property, set fire to government offices and official vehicles, and thereby caused extensive loss to public property while creating an atmosphere of fear and panic. Learned counsel would further submit that during the course of investigation, sufficient material has been collected to establish the applicants’ active participation in the commission of the offences. Therefore, he would pray for rejection of these criminal revisions. 7 9. I have heard learned counsel for the parties and perused the diary with utmost circumspsection. 10. Considering the fact that the applicants are in jail as detailed above, charge-sheet has been filed and also considering the fact that conclusion of the trial may take some time, therefore, no fruitful purpose would be served in continued detention of the applicants, as such, without further commenting anything on merits of the case, I am of the view that this is a fit case to allow these criminal revisions and grant bail to the applicants. 11. Accordingly, the Criminal Revisions filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act for quashment of the order dated 07.04.2024 passed by the Additional Sessions Judge (F.T.C.) and Children Court, Balodabazar (C.G.) and orders dated 18.02.2026 and 25.02.2026 passed by the learned Juvenile Justice Board, Balodabazar (C.G.) and grant of bail to the applicants, are allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs. 25,000/- each with one surety in the like amount to the satisfaction of the concerned trial court on the following terms and condition:- (i) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to the investigating agency. 8 (ii) The applicants shall not tamper with the prosecution evidence or attempt to influence the witnesses in any manner whatsoever. (iv) The applicants shall not indulge in such activities which may disrupt peace and tranquility of the State. (v) In case of breach of any of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail in accordance with law. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish