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2026 DAILYLAW 35895 (CHH)

CONFLICTED WITH LAW JUVENILE (A) v. STATE OF CHHATTISGARH

CRR/1134/2026 · 2026-09-14

Shri Naresh Kumar Chandravanshi

Criminal Appealbody2026

Judgment text

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1 CGHC010336792026 2026:CGHC:40290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No.1134 of 2026 1 - Conflicted With Law Juvenile (A) Natural Guardian Mother Aged About 17 Years R/o ---- (The Name And Address Of Applicant Is Separately Filed In Close Envelop) Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, District Raipur (C.G.) Respondent(s) For Applicant (s) : Mr. Suresh Tandan, Advocate For Respondent (s) : Mr. Ashutosh Shukla, PL Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 15/09/2026 1. This criminal revision has been preferred by the applicant/juvenile under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (henceforth ‘referred as ‘JJ Act’) challenging the order dated 05.08.2026 passed by the learned Upper Session Judge (FTC), Raipur in Criminal Appeal No.303/2026, whereby the appeal preferred by the applicant/juvenile has been Digitally signed by R NIRALA 2 rejected upholding the order dated 24.07.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur in Criminal Case No.344/2026, by which the bail application of the applicant/juvenile under Section 12 of the JJ Act was rejected. 2. Facts of the case in brief are that the applicant/juvenile along with two adult accused persons broke the lock of shutter of jewellary shop of the complainant Vansh Kumar and stolen gold and silver ornaments worth Rs.90 Lakhs approx, thereafter an FIR was lodged at the Police Station Khamardih bearing Crime No.153/2026 for the offence under Sections 331 (4), 305 & 3 (5) of BNS. On the basis of memorandum of the applicant/juvenile and other co-accused persons, stolen gold and silver ornaments and other articles were seized from the applicant and the other co-accused persons. After investigation, charge sheet was filed against the applicant/juvenile for the offence under Sections 331 (4), 317 (2), 305 & 3 (5) of BNS before the Juvenile Justice Board, Raipur. The bail application filed by the applicant/juvenile was rejected by the Juvenile Justice Board, Raipur vide order dated 24.07.2026 and thereafter the appeal preferred by him has also been rejected vide impugned order dated 05.08.2026 (Annexure-A/1) by the learned Upper Session Judge (FTC), Raipur (C.G.). Hence this criminal revision. 3 3. Learned counsel for the applicant/juvenile would submit that the applicant/juvenile is in Observation Home since 11.05.2026 and he has been falsely implicated in the crime in question on the basis of false seizure memo and the false memorandum statement has also been prepared by the Police, charge sheet has already been filed and conclusion of trial may take long time, as such keeping the applicant/juvenile in the Observation Home for further period may change his conduct and behavior. Learned counsel for the applicant/juvenile further submits that the adult co-accused Kaushal Kumar Sah has already been granted regular bail by the Coordinate Bench of this Court vide order dated 18.08.2026 in MCRC No.7630/2026 and the another adult co-accused Sahil Soni has also been granted regular bail by the Coordinate Bench of this Court vide order dated 02.09.2026 in MCRC No.8063/2026. Hence it is prayed that the orders passed by the learned Appellate Court as well as learned Juvenile Justice Board be set aside and the applicant be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application of the applicant/juvenile and submits that there are two previous criminal antecedents against the applicant/juvenile, however, he could not specify as to what are those offences. He further submits that though charge sheet has been filed, but if the applicant/juvenile is released on bail, he may indulge in similar activities, therefore, the bail application of the applicant/juvenile be rejected. 4 5. Heard learned counsel for the parties and perused the material available on record. 6. Though according to the learned State counsel, there are two previous criminal antecedents against the applicant/juvenile, but he could not apprise this Court as to what are those offences, however, as per social status report, conduct and behavior of the applicant/juvenile is good in the Observation Home, however, it is necessary to keep him in regular observation. It has also been mentioned in the social status report of the applicant/juvenile that this is second misconduct/crime of the applicant/juvenile. 7. Having considered the social status report of the applicant/juvenile and duration of custody of applicant/juvenile in the Observation Home and for the fact that the two adult co- accused persons Kaushal Kumar Sah and Sahil Soni have already been granted regular bail by the Coordinate Bench of this Court vide order dated 18.08.2026 in MCRC No.7630/2026 and order dated 02.09.2026 in MCRC No.8063/2026, respectively, charge sheet has already been filed, therefore, on due consideration of the aforesaid aspects of the matter, this Court is inclined to allow the instant revision. 8. Consequently, the impugned order dated 05.08.2026 passed by the learned Upper Session Judge (FTC), Raipur and the order dated 24.07.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Raipur are hereby set aside. 5 9. It is directed that if the mother or father of the applicant/juvenile furnishes their own bail bond of Rs.25,000/- along with one surety in the like amount to the satisfaction of the Juvenile Justice Board, Raipur for appearance of the applicant/juvenile before it, as and when directed by it, the applicant shall be released into the custody of his parents. Sd/- (Naresh Kumar Chandravanshi) Judge Nirala