Allowed

Xyz v. State of Chhattisgarh

Chhattisgarh HC9 May 2022CRR/374/2022

Case brief

AI extract

What is this about?

This order allows a criminal revision in a juvenile case. The High Court set aside the appellate dismissal of a bail plea, directing release to a natural guardian upon furnishing two sureties of Rs. 25,000 and a bond of Rs. 25,000.

What did the court decide?

Revision allowed; order of Sessions Judge set aside; applicant released in custody of natural guardian on furnishing two sureties of Rs. 25,000 and a bond of Rs. 25,000.

Xyz Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR CRIMINAL REVISION No. 374/2022

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XYZ (minor)

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Applicant VERSUS State of Chhattisgarh, through SHO PS Vaishali Nagar, Bhilai, Distt. Durg Non-applicant --------------------------------------------------------------------------------------- For Applicant : Shri Aman Pandey, Adv. For non-applicant/State : Shri Vinod Tekam, PL. ---------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order on Board

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9-5-2022

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Challenge in this revision petition is to the order dated 9-3-2022 passed by learned Uppar Sessions Judge, Durg in CR.A. No. 35/2022 whereby the appeal preferred by the applicant-juvenile against the order passed by the Juvenile Justice Board, Durg dated 4-3-2022 in Criminal Case No. 26/2022 pertaining to Crime No. 8/2022 registered at PS Vaishali Nagar, Bhilai has been dismissed, wherein the applicant was denied bail.

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It is submitted by learned counsel for the applicant that the applicant is a young boy of 16 and half years, he is innocent and falsely implicated in this case. Charge sheet has been filed . He is in observation home since 3-1-2022. More detention will affect his childish mentality. It is submitted that nothing has been mentioned against him in his social investigation report which may be a ground of denying bail to the juvenile, in- spite of that, the Board as well as the appellate Court have refused him to grant bail, without considering the aforesaid facts in proper perspective. Therefore, the impugned orders of both the Courts below are erroneous and not sustainable. It is prayed that the revision petition may be allowed and bail may be granted to the applicant.

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Learned State Counsel opposes the revision petition. As per information given by the police, earlier 3 cases were registered against the juvenile. It has also been mentioned in the social status report that the applicant consumes liquor, tablet and ganja and he

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always disobey his parents and commits crime. Hence the revision may be dismissed.

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I have heard learned counsel for both the parties, perused the documents placed on record and considered the submissions made by counsel for both the parties.

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Considering the facts and circumstances of the case, particularly considering the fact that the applicant is in observation home since 3-1-2022, as submitted by applicant's counsel, charge has already been filed and also considering the totality of the facts, I feel inclined to allow this revision.

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Consequently, the revision is allowed. The order dated 9-3-2022 passed by learned Uppar Sessions Judge, Durg in CR.A. No. 35/2022 is set aside. It is directed that on furnishing two sureties each of Rs. 25,000/- along with a bond of Rs. 25,000/which is to be of his natural guardian/ father/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 his natural guardian/father/mother.

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One closed envelop has been submitted by counsel for the applicant-juvenile along with memo of revision, which contains particulars of the applicant-juvenile. The said envelope shall be made part of the record of the order.

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Certified copy as per rules.

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Sd/(NK Chandravanshi) Judge

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Pathak/-

Xyz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Xyz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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