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2026 DAILYLAW 38080 (CHH)

A B C v. STATE OF CHHATTISGARH

CRR/1197/2026 · 2026-09-30

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010354142026 2026:CGHC:42844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1197 of 2026 A B C (Details Is Kept In Envelop) ... Petitioner (In custody at Observation Home) versus State Of Chhattisgarh Through District Magistrate Dhamtari, District- Dhamtari (C.G.) ... Non-Applicant For Petitioner : Mr. Sunil Sahu, Advocate. For Non-applicant : Mr. Siddharth Sharma, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (01st October, 2026) 1. The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') against the judgment dated 29.8.2026 passed in Criminal Appeal No. 33/2026 by the II Additional Sessions Judge and Additional Sessions Judge (FTC) & 2 Children Court, Dhamtari whereby the learned Additional Sessions Judge has rejected the appeal arising out of order dated 13.8.2026 passed in Crime No.72/2026 dismissing the bail application of the present petitioner by the Juvenile Justice Board, Dhamtari. 2. The prosecution story, in brief, is that the petitioner/juvenile and one co-accused (adult) assaulted the victim Rohan Sinha by means of knife in an attempt to commit his murder. Hence FIR for offence under Section 109, 3(5) of BNS was registered against them and after completion of investigation, charge sheet has been filed. 3. The petitioner/juvenile was sent to Observation Home on 25.6.2026. He filed an application under Section 12 of the Act of 2015 for granting bail, which was dismissed by the Juvenile Justice Board vide order dated 13.8.2026. Against the said dismissal, an appeal was preferred, which was also dismissed by the impugned judgment dated 29.8.2026. Hence, this revision. 4. Learned counsel for the petitioner submits that the injury sustained by the victim is only one stab wound/incised wound, which is not reported to be fatal. He further submits that the petitioner is in Observation Home since 25.6.2026 and the social status report is also in his favour. The petitioner has no criminal antecedents at all. Hence he prays that this revision may be allowed and the petitioner be enlarged on bail. 3 5. On the other hand, learned counsel for the State submits that the injury caused to the victim is on the vital part and knife has been seized from the petitioner/juvenile. However, he submits that social status report is not negative. 6. I have heard learned counsel both the parties and perused the material available on record. 7. Having considering the fact that the petitioner/juvenile is in Observation Home since 25.6.2026, further considering the other attending circumstances including the fact that nothing has been brought to the notice of the Court by the prosecution that release of the petitioner on bail would likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger, the revision is allowed. The impugned judgment dated 29.8.2026 is hereby set aside. The application under Section 12 of the Act of 2015 is allowed. 8. The petitioner/juvenile shall be released on bail forthwith on furnishing a personal bond in the sum of Rs. 25,000/- by the parents or guardians of the petitioner, as the case may be, with one surety of the like amount to the satisfaction of the Juvenile Justice Board for his appearance before the Board, as and when directed. Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.10.03 10:08:35 +0530