1 - ABC Nil v. 1 - State Of Chhattisgarh Through Station House Officer, Police Station Champa, Distt. Janjgir-Champa
Case Details
1 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.21 17:33:13 +0530 2025:CGHC:34215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 541 of 2025 1 - ABC Nil ---Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Champa, Distt. Janjgir-Champa (C.G.). --- Respondent
Legal Reasoning
For Applicant For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. : Mr. C.R. Sahu, Advocate. 1 - ABC Nil CRR No. 722 of 2025 ---Applicant Versus 1 - State Of Chhattisgarh Through S.H.O. P.S. . Janjgir - Janjgir - Champa District - Janjgir - Champa (C.G.). --- Respondent For Applicant For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. : Mr. Ravindra Sharma, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal 18/07/ 2025 Order on Board 1. 2. 2 Since both the revisions arise out of the same incident 16.02.2025, they are being heard and decided by this common order. "These revisions, filed by the applicants under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act of 2015"), comprise two revisions: CRR No. 541/2025 and CRR No. 722/2025. The CRR No. 541/2025 challenges the order dated 19.03.2025, passed by the Third Additional Sessions Judge (FTC), Janjgir, District Janjgir-Champa, CG, in Criminal Appeal No. 45/2025, arising out of the order dated 5.03.2025, passed by the Principal Magistrate, Juvenile Justice Board, Janjgir, District Janjgir- Champa (CG), whereby the appeal of the applicant was rejected by the appellate court and affirmed the order of Juvenile Justice Board. On the other hand, the CRR No. 722/2025, challenges the order dated 04.06.2025, passed by the Additional Sessions Judge (FTC), Janjgir-Champa (CG), in Criminal Appeal No. 66/2025, arising from the order 28.05.2025, passed by the Principal Magistrate, Juvenile Justice Board, Janjgir-Champa (CG), whereby the appeal of the applicant was rejected by the appellate Court and affirmed the order of Juvenile Justice Board. 3. The case of the prosecution, in brief, is that, the complainant, Kaleshwar Patel, resident of Village Govinda, Police Station Bamnidih, lodged a complaint on 17.02.2025, alleging that he, along with fellow villagers and friends Ramdhan Patel and Sahil 3 Patel, attended the wedding ceremony of Shiv Kewat at Village Dhobipara, Champa. At about 8:00 pm, during the marriage function, Golu Majhi and Sarwant alias Ledhu arrived with a minor boy and inquired who had assaulted the child. Subsequently, they began using abusive language and physically assaulted Ramdhan and Sahil Patel with their hands and fists, and later used a sharp-edged weapon, causing grievous injuries to their backs, necks, ears, and heads, resulting in excessive bleeding. With the assistance of villagers, the injured were admitted to District Hospital Janjgir for treatment and later referred to District Hospital Bilaspur due to their serious medical condition and Ramdhan Patel died during treatment. Based on the said report, the police registered a case against the accused Sarwant @ Ledhu and Golu Manjhi and during investigation, based on the memorandum statements of the accused, the case was also registered against the present applicants. 4. Learned counsels for the applicants submit that the applicants are innocent and have been falsely implicated in the case. It is further submitted that the name of applicants was not mentioned in the FIR, and the victims, Ramdhan and Sahil Patel, in their statements recorded by the police, did not make any allegations against the applicants. The implication of the applicants is solely based on the Drishya Panchnama dated 20.04.2025, and CCTV footage. No incriminating material has been seized from the possession of the applicants, and no Test Identification Parade (TIP) has been conducted. Although the 4 charge sheet has been filed, the charges have not been framed to date. The applicant in CRR No. 541/2025 is aged about 16 years old and he is in the observation home since 18.02.2025 and the applicant in CRR No. 722/2025 is aged about 13 years 09 months old and he is in the observation home since 19.02.2025. There is no likelihood that their release would bring them into association with any known criminal or expose him to moral, physical or psychological danger. The learned Court below have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that looking to the nature of the crime committed by the applicants, they may not be released on bail. However, the social status report is not against to the applicants, and they have no criminal antecedents. 6. Considering the facts and circumstances of the case and the fact that the name of the applicants was not mentioned in the FIR, and the victims, Ramdhan and Sahil Patel, in their statements recorded by the police, did not make any allegations against the applicants, No incriminating material has been seized from the possession of the applicants, and no Test Identification Parade (TIP) has been conducted. Additionally, the social status report is not against to the applicants. In view thereof, none of the grounds are thus available to reject the applications filed under Section 102 of the Act, 2015. The 5 Courts below have, therefore, committed an illegality in rejecting the applications de hors the mandate of the Act, 2015. 7. Accordingly, in both the revisions, the orders passed by the concerned Additional Sessions Judge and the Juvenile Justice Board are set aside, and the Revisions are allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- each by the parents/guardian with one local surety in the like sum to the satisfaction of the concerned Court, for appearance of the applicants as and when directed, the applicants shall be given in custody of the said guardian. Along with the bail bonds, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicants as well as by the surety, which shall be duly verified by the trial Court. 8. It is observed that the person stands as surety will furnish an undertaking that the applicants shall not come in contact with any bad element and in case, if they are found to be indulged in any unlawful act, the surety/father of the applicants shall inform to the concerned Police Station. Judge Sd/- (Sanjay Kumar Jaiswal) Sourabh P.