1 - Tikendra Kumar Sirmor S/o Keshav Kumar, Aged About 43 Years R/o Village v. 1 - State of Chhattisgarh Through Police Station Arjunda, District- Balod
Case Details
1 / 6 2025:CGHC:4573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6568 of 2024 1 - Tikendra Kumar Sirmor S/o Keshav Kumar, Aged About 43 Years R/o Village Basin, Post Kasahikala, Police Station-Arjunda, District- Balod (C.G.) 2 - Dipak Kumar S/o Omkar Baghel, Aged About 19 Years R/o Village Basin, Post Kasahikala, Police Station-Arjunda, District-Balod (C.G.) versus 1 - State of Chhattisgarh Through Police Station Arjunda, District- Balod (C.G.) --- Respondent ---Applicants 1 - XYZ (Name is not mentioned as per legal provision) CRR No. 1073 of 2024 Versus 1 – State of Chhattisgarh Through Police Station Arjunda, District Balod, C.G. --- Respondent ---Revisioner For Applicants & Revisioner For State : :
Legal Reasoning
Mr. Hemant Kumar Agrawal, Advocate Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/01/2025 1. Since both these cases are arising out of the same crime number, therefore, they are being heard and decided together by this common order. 2. M.Cr.C. No.6568 of 2024 is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.27 18:41:17 +0530 2 / 6 bail to the applicants, who have been arrested on 09/06/2024 in connection with Crime No. 95/2024, registered at Police Station Arjunda, District Balod, C.G. for the offence punishable under Sections 294, 506, 323, 302 & 34 of the IPC. 3. CRR No.1073 of 2024 has been filed against the order dated 09/08/2024 passed by the Sessions Judge, (F.T.C.) & Special Judge, POCSO Balod, District Balod, C.G. in Criminal Appeal No.49/2024, whereby the order dated 03/07/2024 passed by the trial Court rejecting the application for bail of the applicant, was affirmed. The revisioner had preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the J.J. Act, 2015) for his release on bail before the concerned trial Court which was rejected and against the said order the applicant preferred a criminal appeal under Section 101 of the J.J. Act, 2015 which too has been rejected. Hence this Reivision. 4. As per the case of the prosecution, on 21/05/2024 one Lokesh Kumar submitted a written complaint before the police station Arjunda, District Balod, C.G. that on 17/05/2024 at 6.00 pm deceased Salikram quarreled with his wife and asked for dinner, which she denied, because of which he became angry and sat outside the house. Thereafter, the deceased was uttering filthy language, on account of which the applicants thought that he was abusing them and a scuffle took place in between them wherein the applicants assaulted him by hands and fists. Thereafter, the FIR was registered and applicants and the revisioner, who is a Juvenile, were arrested. 3 / 6 5. Learned counsel for the applicants in M.Cr.C. No.6568 of 2024 would contend that there is delay in lodging the FIR and initially the offence under Section 302 IPC was not made out but subsequently, the said section was added. He would next contend that in the MLC report no external injury has been seen and as per NCCT head report dated 19/05/20245 no significant abnormality noted in brain parenchyma. He would lastly contend that the applicants are in jail since 09/06/2024, therefore, they may be released on bail. 6. Learned counsel for the reivisioner in CRR No.1073 of 2024 would submit that the Social Investigation report of the Probation officer is in favour of the revisioner, therefore, the revisioner who is in captivity since 09/06/2024, may be released on bail. 7. Per contra, learned State counsel opposes the prayer for grant of bail to the applicants as well as to the revisioner. 8. I have learned counsel for the parties and perused the record and the Social Investigation Report. 9. Considering the fact that no external injury was found on the body of the deceased and there was smell of alcohol was coming and further the nature of injury as there was contusion and abrasion and no fracture was found and only on trivial issue the dispute took place, in which assault was made by hand and fists and lastly considering the fact that the applicants are in jail since 09/06/2024, I am inclined to release the applicants in M.Cr.C. No.6568 of 2024 on bail. 4 / 6 10. Further with respect to child in conflict with law I have perused the Social Investigation Report, which is in favour of the revisioner/child in conflict with law. Section 12 of the J.J. Act, 2015 which provides for bail to a person who is apparently a child alleged to be in conflict with law. Section 12 of the J.J. Act, 2015 is reproduced hereinbelow:- 12. Bail to a person who is apparently a child alleged to be in conflict with law. (1) When any person, who is apparently a child and is alleged to have committed a abailable or non- bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub- section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 5 / 6 11.Considering the social investigation report and also considering the provisions of Section 12 of the J.J. Act, 2015, I am inclined to allow this revision and release the applicant on bail.
Decision
12. In the result, the bail application M.Cr.C. No.6568 of 2024 & CRR No.1073 of 2024 are allowed. 13. Let applicants Tikendra Kumar Simor & Dipak Kumar, involved in Crime No.95/2024, under Sections under Sections 294, 506, 323, 302 & 34 of the IPC in police station Arjunda, District Balod, C.G., be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety each in like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) the applicants shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under 6 / 6 Section 84 of BNSS, 2023 is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023. (iv) The applicants shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023. If in the opinion of the trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 14. CRR No.1073 of 2024 is allowed and order 09/08/2024 passed by the Sessions Judge, (F.T.C.) & Special Judge, POCSO Balod, District Balod, C.G. in Criminal Appeal No.49/2024 and order dated 03/07/2024 passed by the trial Court are set aside. It is directed that the revisioner shall be released on bail on furnishing a surety of Rs.10,000/- which is to be of his father to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed. 15. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu