Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 38151 (CHH)

JUVENILE IN CONFLICT WITH LAW v. STATE OF CHHATTISGARH

CRR/1254/2026 · 2026-10-06

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010365192026 2026:CGHC:43427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1254 of 2026 1 - Juvenile In Conflict With Law Nil ... Applicant versus 1 - State Of Chhattisgarh Through District Magistrate, Dhamtari, District Dhamtari Chhattisgarh ... Respondent (Cause title, as taken from CIS) For Applicant : Ms. Sweksha Sharma, Advocate For Respondent/State : Mr. Vinod Tekam, Govt. Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 07/10/2026 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 23.06.2026 passed by the learned Upper Sessions Judge (FTC) and Children Court, Dhamtari (CG) in Criminal Appeal No.25/2026, whereby the appeal preferred by the applicant/juvenile RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.10.08 10:57:32 +0530 2 has been rejected, upholding the order dated 04.06.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Dhamtari in Crime No.56/2026, by which the bail application of the applicant/juvenile under Section 12 of the JJ Act was rejected. 2. The case of the prosecution, in brief, is that on 25.05.2026, the applicant/juvenile, along with three other co-accused persons, allegedly looted Rs.3,000/- in cash and one mobile phone from the complainant at knife point when he refused to give them money. Thereafter, an FIR was lodged at Police Station Bhakhara, bearing Crime No.56/2026, for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Sections 25 and 27 of the Arms Act, 1959 (hereinafter referred to as the ‘Arms Act’), against the applicant and other co-accused persons. After investigation, a charge-sheet was filed against the applicant/juvenile and another juvenile co-accused for the offences under Sections 306(4), 309(6) and 311 of the BNS and Sections 25 and 27 of the Arms Act, which is pending consideration before the Juvenile Justice Board, Dhamtari. The bail application filed by the applicant/juvenile was rejected by the Juvenile Justice Board, Dhamtari vide order dated 04.06.2026. Thereafter, the appeal preferred by him was also rejected vide impugned order dated 23.06.2026 (Annexure- A/1) by the learned Upper Sessions Judge (FTC) and Children Court, Dhamtari (C.G.). Hence, this criminal revision. 3. Learned counsel for the applicant/juvenile would submit that the applicant/juvenile is in Observation Home since 27.05.2026. He has been implicated only because he was also present at the spot along with the other accused persons. She further submits that keeping the 3 applicant/juvenile in the Observation Home for a further period may adversely affect his conduct and behaviour. Hence, it is prayed that the orders passed by the learned Appellate Court as well as the learned Juvenile Justice Board be set aside and the applicant/juvenile be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application of the applicant/juvenile and submits that, as per social status report, there are two other criminal antecedents against the applicant for the offences under Sections 115(2), 118(1), 296, 351(2) & 3(5) of the BNS and Sections 25 & 27 of the Act, 1959. Hence, he submits that the revision may be rejected. 5. Heard learned counsel for the parties and perused the material available on record. 6. As per social status report of the applicant/juvenile, there are two criminal antecedents against him. However, his conduct and behaviour in the Observation Home have been stated to be good. He is stated to have been in Observation Home since 27.05.2026. Considering the age of the applicant/juvenile and the fact that his continued stay in the Observation Home for a further period may adversely affect his childhood, coupled with the other circumstances of the case, this Court is inclined to allow the present revision. 7. Accordingly, the present Criminal Revision is allowed. The impugned order dated 23.06.2026 passed by the learned Upper Sessions Judge (FTC) and Children Court, Dhamtari as well as the order dated 04.06.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Dhamtari are hereby set aside. 4 8. It is directed that, if the mother of the applicant/juvenile furnishes her own bail bond of Rs.25,000/- along with one surety in the like amount to the satisfaction of the Juvenile Justice Board, Dhamtari for appearance of the applicant/juvenile before it, as and when directed by it, the applicant/juvenile shall be released into the custody of his parents, subject to the following conditions: (a) The applicant/juvenile and his parents shall not act in any manner which will be prejudicial to a fair, smooth, and expeditious inquiry/trial. (b) The mother/guardian shall ensure that the applicant/juvenile appears before the Juvenile Justice Board, Dhamtari, on each and every date fixed for the inquiry till its final disposal, unless specifically exempted. (c) The mother/guardian of the applicant/juvenile and the surety shall submit self-attested copies of their Aadhaar Cards along with full-size colored postcard photographs bearing their printed Aadhaar numbers, which shall be duly verified by the Juvenile Justice Board before executing the release warrant. (d) The parents shall keep the applicant/juvenile under strict supervision to ensure that he does not involve himself in any offence of a similar or any other nature in the future, and is kept away from any undesirable or criminal elements. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar