1 - A (Details of The Juvenile Is Given In The Sealed Cover Envelop) v. 1 - State of Chhattisgarh Through The Police of Police Station Gharghora, District- Raigarh
Case Details
1 / 4 2025:CGHC:6275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1457 of 2024 1 - A (Details of The Juvenile Is Given In The Sealed Cover Envelop) ...Applicant versus 1 - State of Chhattisgarh Through The Police of Police Station Gharghora, District- Raigarh, C.G. ... Respondent For Applicant For State : :
Legal Reasoning
Mr. R.K. Dewangan, Advocate Mr. Neeraj Sharma, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/02/2025 1. The instant criminal revision has been preferred against the order dated 15/07/2024 passed by the learned Juvenile Court/ Additional Sessions Judge, Fast Track Special Court (POCSO, Act) Raigarh, District Raigarh (C.G.) in Criminal appeal no. 81/2024, whereby the order dated 04/06/2024 passed by Juvenile Justice Board, Raigarh, District Raigarh (C.G.) in Criminal Case No. 72/2024 rejecting the application for grant of bail for the offence punishable under section 302/34 IPC, has been affirmed. 2. The case of the prosecution in brief is that the complainant namely Vishnu Chouhan lodged the report at Police Station Gharghoda, District Raigarh (C.G.) stating that on 05/03/2024, while the complainant along with his wife was sleeping in the house in night at that time his nephew ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.12 11:01:04 +0530 2 / 4 Durgesh Chouhan came there and informed that when he along with his brother namely Lucky Chouhan and his father Jagannath Chouhan was sleeping on the floor of the Sapna Mobile Shop at that time at about 12:20 am, two juvenile/ accused came there and assaulted his father by hand and fists and also assaulted by way of knife on his abdomen & chest and thus committed the murder of his father Jagannath Chouhan. On the basis of the report of the complainant, crime No.122/2024 under Section 302/34 of the IPC was lodged and the investigation was started and the juvenile was arrested by the police on 06/03/2024. 3. Thereafter, an application under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was preferred before the learned Juvenile Justice Board, Raigarh which has been dismissed on 04/06/2024. Subsequently, the present applicant preferred an appeal against the order dated 04/06/2024 passed by the Juvenile Justice Board, in Criminal Case No. 72/2024 before the learned appellate Court, and the learned appellate Court dismissed the appeal preferred by the applicant. Hence this revision. 4. Learned counsel for the applicant would submit that the offence as alleged against the applicant is not made out and the trial is going on. He would next contend that the Courts below have not followed the provisions of Section 12 of the Juvenile Justice (Care and Protection of the Children) Act in its true perspective. He would lastly contend that the age of the applicant is very tender as he is only 13 years old, therefore, the order passed by the appellate Court may be set aside and the applicant may be released on bail. 3 / 4 5. Per contra, learned State counsel submits that the order of the appellate Court is well merited which do not call for any interference by this Court. 6. I have heard learned counsel for the parties and perused the documents and the social investigation report. 7. Perused the Social Investigation Report, wherein it has been stated that the applicant has no previous criminal antecedent and he has normal behaviour, he is in company of the same aged group friends and is ignorant. 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. 4 / 4 (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. 8. Considering the social investigation report which shows that the applicant has no previous criminal antecedent and he has normal behaviour, he is in company of the same aged group friends and is ignorant and also considering the provisions of Section 12 of the J.J. Act, 2015 and further considering the age of the applicant as he is reported to be aged about 13 Years, I am inclined to allow this revision and release the applicant on bail. 9. Consequently, the revision is allowed and order dated 15/07/2024 passed by the learned Juvenile Court/ Additional Sessions Judge, Fast Track Special Court (POCSO, Act) Raigarh, District Raigarh (C.G.) in Criminal appeal no. 81/2024 and order dated 04/06/2024 passed by Juvenile Justice Board, Raigarh, District Raigarh (C.G.) in Criminal Case No. 72/2024 are set aside. It is directed that the applicant shall be released on bail on his 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. SD/- (Arvind Kumar Verma) JUDGE ashu