Revision petition by a juvenile against bail rejection orders by Juvenile Justice Board and Sessions Court allowed based on first-time offense and clean social investigation report.
Revision allowed; bail order dated 19/01/2022 set aside; applicant to be released on surrendering surety of Rs. 25,000 along with bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 261 of 2022
Xyz Aaa
---- Applicant
Versus
The State Of Chhattisgarh Through The Station House Officer, Police Station, Civil Line, Raipur, District Raipur (C.G.)
---- Respondent
For Applicant - Shri Shikhar Sharma, Advocate. For Respondent/State - Shri Adil Minhaj, Government Advocate. For Objector - Ms. Prakriti Jain, Advocate.
Hon'ble Justice Shri N.K. Chandravanshi
Order on Board
04/05/2022
2
against him. Nothing against him has been stated in social investigation report which could be a ground for rejection of bail to the applicant/juvenile. Despite that, learned both the Courts below have dismissed the bail application without considering the aforesaid facts. Apart from that more detention will adversely affect the childish mentality, therefore, looking to the above circumstances, revision petition may be allowed and bail may be granted to the applicant/juvenile
3
as per the proviso of Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. On being inquired, learned counsel for the State submits that as per case diary, no criminal antecedent has been shown against the applicant/juvenile, therefore, considering the totality of the aforesaid facts, I find that the orders of rejection passed by Juvenile Justice Board and the appellate Court, both are erroneous and needs interference. Hence, I feel inclined to allow this revision petition.
Certified copy as per rules.
SD/-
(N.K. Chandravanshi) Judge
Amardeep
3 issues framed by the court
Whether the revision petition against the bail rejection order passed by the Juvenile Justice Board and the Sessions Court should be allowed.
Whether considering the first fugitive nature of the juvenile and absence of antecedents in the Social Investigation Report warrants bail.
Whether the orders of the courts below were erroneous in denying bail to the juvenile despite favorable findings.
1 provisions across 1 enactments
Xyz Aaa
The State Of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
