Revision petition allowed. High Court held gravity of offence irrelevant for bail under Juvenile Justice Act. Found error in denying bail despite favourable social status report. Set aside lower orders, granted bail on personal bond.
Bail allowed; lower orders set aside; personal bond of Rs.25,000 required.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 705 of 2020
---- Revisioner/Applicant
Versus
---- Respondent/Non-applicant
For Applicant/Revisioner – Shri Pravin Kumar Tulsyan, Advocate. For State/Respondent – Shri Gurudev I. Sharan, Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
02-12-2020
2 . This revision petition has been brought being aggrieved the order dated 24-09-2020 passed in Criminal Appeal No.28/2020 by the A.S.J.(F.T.C.)/ Child Court Bastar at Jagdalpur, Chhattisgarh dismissing the appeal filed by the applicant/revisioner and upholding the order of bail rejection passed by the Juvenile Justice Board.
4 . Learned counsel for the State/respondent opposes the submission and submits that the prosecutrix in this case is minor and she has given statement regarding her physical relation with the applicant, which amounts to
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commission of the offences registered against the applicant. The Courts below have not committed any error. Therefore, the revision petition be dismissed.
Sd/- (Rajendra Chandra Singh Samant) Judge
Aadil
3 issues framed by the court
Whether gravity of offence is a consideration for grant or rejection of bail under the Juvenile Justice Act.
Whether the social status report in favour of the applicant was ignored in rejecting bail.
Whether the bail rejection orders of the Juvenile Justice Board and the appellate court should be set aside.
1 provisions across 1 enactments
NAFR
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
