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2026 DAILYLAW 38562 (CHH)

A v. STATE OF CHHATTISGARH

CRR/1215/2026 · 2026-10-04

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010357482026 2026:CGHC:43073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1215 of 2026 1 - A (Nil) Applicant (s) versus 1 - State Of Chhattisgarh Through P. S. Doundilohara, District Balod Chhattisgarh. Respondent(s) For Applicant (s) : Mr. Roshan Singh Lamba, Advocate For Respondent (s) : Mr. Siddharth Sharma, PL Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 05/10/2026 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 24.08.2026 passed by the learned Additional Session Judge, FTSC (POCSO), Balod, District Balod in Criminal Appeal No.91/2026, whereby the appeal preferred by the Digitally signed by R NIRALA 2 applicant/juvenile has been rejected upholding the order dated 19.08.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Balod, District Balod (C.G.) in Crime No.152/2026, by which the bail application of the applicant/juvenile under Section 12 of the JJ Act was rejected. 2. Facts of the case in nutshell are that on 06/08/2026 the victim after having dinner was returning back to his home after purchasing tobacco, then in a motorcycle, the applicant/juvenile along with another co-accused came there and asked for money for drinking liquor and when victim refused to do the same, the applicant/juvenile and the co-accused abused him in filthy language and assaulted him. Thereafter the matter was reported to the concerned Police Station and a case was registered against the accused for the offence under Sections 296, 115 (2), 351 (3), 119 (1) & 3 (5) of BNS. After investigation, charge sheet was filed against the applicant/juvenile for the aforesaid offence before the Juvenile Justice Board, Balod. The bail application filed by the applicant/juvenile was rejected by the Juvenile Justice Board, Balod vide order dated 19.08.2026 and thereafter the appeal preferred by him has also been rejected vide impugned order dated 24.08.2026 (Annexure-A/1) by the learned Additional Session Judge, FTSC (POCSO), Balod (C.G.). Hence this criminal revision. 3. Learned counsel for the applicant/juvenile would submit that the applicant is juvenile and he has been falsely implicated in the 3 crime in question and this is the first conflict with law of the applicant/juvenile. The applicant/juvenile is in Observation Home since 08.08.2026, charge sheet has already been filed and conclusion of trial may take long time, as such keeping applicant/juvenile for further period in the Observation Home may change his conduct and behavior, 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. 5. Heard learned counsel for the parties and perused the material available on record. 6. As per the social status report of the applicant/juvenile, this is the first conflict with law of the applicant/juvenile and his conduct and behavior in the observation home has been reported to be good and nothing has been brought by the prosecution to be held that if the applicant/juvenile is released on bail, then his release will likely to bring him into association with any known criminal or expose the said person to moral, physical or psychological danger or his release would defeat the ends of justice. 7. Having considered the aforesaid report and duration of custody of applicant/juvenile in the Observation Home and for the fact that the charge sheet has already been filed, therefore, on due 4 consideration of the aforesaid aspects of the matter, this Court is inclined to allow the instant revision. 8. Accordingly, the impugned order dated 24.08.2026 passed by the learned Additional Session Judge, FTSC (POCSO), Balod and the order dated 19.08.2026 passed by the Juvenile Justice Board, Balod are hereby set aside. 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, Balod 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