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2026 DAILYLAW 38745 (CHH)

XYZ v. STATE OF CHHATTISGARH

CRR/991/2026 · 2026-10-06

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010289852026 2026:CGHC:43419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 991 of 2026 1 - XYZ (Name And Decryption Of the Applicant Is In Closed Envelop.) ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Bagbahara, Mahasamund Chhattisgarh. ... Respondent (Cause title, as taken from CIS) For Applicant : Mr. Santosh Kumar Yadu, Advocate For Respondent/State : Mr. Ashutosh Shukla, Panel Lawyer. 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 04.06.2026 passed by the learned Juvenile Court/Additional Sessions Judge (FTC), Mahasamund (CG) in Criminal Appeal No.51/2026, whereby the appeal preferred by the RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.10.08 10:57:48 +0530 2 applicant/juvenile has been rejected, upholding the order dated 11.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Mahasamund in Crime No.31/2026, 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 on 17.02.2026, the applicant/juvenile, along with another co-accused, was caught by the police while transporting 23.300 kg of ganja in a scooty. Thereafter, an FIR was lodged at the Police Station Bagbahara bearing Crime No.31/2026 for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth, “the NDPS Act”). After investigation, charge sheet was filed against the applicant/juvenile for the offence under Section 20(b) of the NDPS Act before the Special Court. The bail application filed by the applicant/juvenile was rejected by the Juvenile Justice Board, Mahasamund vide order dated 11.05.2026 and thereafter the appeal preferred by him was also rejected vide impugned order dated 04.06.2026 (Annexure-A/1) by learned Juvenile Court/Additional Sessions Judge (FTC), Mahasamund (CG). Hence this criminal revision. 3. Learned counsel for the applicant/juvenile would submit that the applicant/juvenile is in Observation Home since 17.02.2026. No contraband was seized from his possession. He had been taken by main accused on the pretext of roaming. This is the first crime registered against him. He further submits that keeping the applicant/juvenile in the Observation Home for a further period may adversely affect his conduct and behavior. Hence it is prayed that the 3 orders passed by the learned Appellate Court as well as 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 the applicant/juvenile was caught along with main accused while transporting commercial quantity of ganja in a scooty. Therefore, the revision may be rejected. However, he submits that the social status report is not adverse to the applicant/juvenile. 5. Heard learned counsel for the parties and perused the material available on record. 6. The applicant/juvenile is said to have been in Observation Home since 17.02.2026. As per social status report, this is the first conflict with law involving the applicant/juvenile. His conduct and behavior in the Observation Home have been stated to be good. He is a regular student of Class 11th. Nothing has been brought on record by the prosecution to show that, if released on bail, the applicant/juvenile is likely to come into association with any known criminal or be exposed to any moral, physical or psychological danger. Considering the aforesaid circumstances, this Court is inclined to allow the present revision. 7. Accordingly, the present Criminal Revision is allowed. The impugned order dated 04.06.2026 passed by the learned Juvenile Court/Additional Sessions Judge (FTC), Mahasamund as well as the order dated 11.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Mahasamund are hereby set aside. 4 8. 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, Mahasamund 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 Rukhsar