Allowed

A v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2022CRR/211/2022

Case brief

AI extract

What is this about?

The High Court allowed a revision petition challenging the denial of bail to a 13-year-old juvenile. The Court held that the lower courts erred in ignoring the Social Investigation Report and the specific provisions of the Juvenile Justice Act. Bail was granted subject to security and appearance conditions.

What did the court decide?

The order of Additional Sessions Judge setting aside date 04.02.2022 is set aside; bail granted upon furnishing surety of Rs. 25,000 and bond to natural guardian/mother.

A Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 211 of 2022

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A Aged About 13 Years C.G.

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---- Appicant Versus

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State Of Chhattisgarh Through Thana Dongargaon, District Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh

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---- Respondent --------------------------------------------------------------------------------------- For Applicant : Shri Samir singh, Advocate For Respondent/State : Shri Lalit Jangde, Govt. Advocate ---------------------------------------------------------------------------------------

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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18.4.2022

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1 . One sealed envelop has been submitted by the counsel for the applicant which contains name and address of the juvenile. The said envelop shall form part of this revision.

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2. Challenge in this revision petition is to the order dated 04.02.2022 passed by Additional Sessions Judge, Fast Track Special Court, Rajnandgon Distt. Rajnandgaon (CG) in Criminal Appeal No.12/2022 whereby the appeal preferred by the applicant/ juvenile against the order of the Juvenile Justice Board, Rajnandgaon (CG) dated 06.01.2022 pertaining to Crime No.385/2021, registered at Police Station Dongargaon, Distt. Rajnandgaon for the offence under Sections 363, 376(3), 376(D), 376(DA) & 376(2)(n) of the Indian Penal Code, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and

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Sections 3(2)(v) & 3(1)(b) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been dismissed wherein applicant/juvenile was denied bail.

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3. Learned counsel for the applicant submits that four persons have been implicated by the Police in connection with aforementioned crime, out of which, present applicant is only juvenile in conflict with law. He further submits that the applicant is an innocent boy, he has been falsely implicated by the police in this case. There is no criminal antecedent reported against the applicant and he is in Observation Home since 08.11.2021 (as per the arrest memo). Learned counsel for the applicant further submits that the victim and her father have been examined before the Juvenile Justice Board, in which they have not stated that the alleged rape has been committed by the juvenile applicant. Nothing adverse has been mentioned against the applicant in the Social Investigation Report, despite that both the learned Courts below have rejected the bail application of the juvenile, which is erroneous and against the law. It is further prayed that this revision petition may be allowed and relief may be granted to the applicant.

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4. Learned counsel for the State opposes the revision petition and submits that both the Courts below have not committed any error in passing the impugned orders, thus, the revision may be rejected.

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5. Victim along with her father appeared before this Court through Video Conferencing from District Legal Services Authority, Rajnandgaon. They have submitted no objection with regard to the grant of bail to the applicant.

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6. I have heard learned counsel for both the parties as well as the victim and her father, perused the documents placed on record and considered the submissions made by counsel for both the parties.

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7 . Perusal of the Social Investigation Report shows that this is the first offence registered against the applicant. He is the student of Class-VII, his conduct and behaviour is simple. Nothing adverse has been mentioned in the said report which may be a ground for dismissal of the bail to the juvenile under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The applicant is in Observation Home since 08.11.2021. Looking to the above fact, I find that the Board as well as the appellate Court, both have committed error in not appreciating the social investigation report and above provision properly and rejected the bail of the applicant/juvenile. Hence, I am inclined to allow this revision petition.

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8. Consequently, the revision is allowed. Order dated 04.02.2022 passed by Additional Sessions Judge, Fast Track Special Court, Rajnandgon Distt. Rajnandgaon (CG) in Criminal Appeal No.12/2022 is set aside. It is directed that on furnishing a surety of Rs.25,000/- along with a bond of same amount which

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are to be of his natural guardian/mother, to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed, then the applicant shall be given in custody of their natural guardian/mother.

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Certified copy as per rules.

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Sd/(N.K. Chandravanshi) JUDGE

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Bini

A v. State of Chhattisgarh

Case brief

What is this about?

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A v. State of Chhattisgarh

Case brief

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