Allowed

X v. State of Chhattisgarh

Chhattisgarh HC21 Apr 2022CRR/512/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a criminal revision against the dismissal of a bail application for a juvenile. The Court held that below courts erred in not appreciating the Social Investigation Report showing the applicant's good conduct for the first offence.

What did the court decide?

The impugned order denying bail was set aside and the applicant was directed to be released on a surety of Rs.25,000/- with a bond.

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

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Criminal Revision No. 512 of 2021

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'X' , Juvenile, aged about 17 year.

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---- Applicant/Juvenile

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Versus

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State Of Chhattisgarh through, Chouki Rampur, Police Station Kotwali, District-Korba (C.G.)

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----Respondent

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For Applicant : Mr. Vikash Kumar Pandey, Advocate. For Non-applicant/State : Mr. Adil Minhaj, Govt. Advocate.

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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21-04-2022

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Challenge in this criminal revision is to the order dated 31.07.2021 passed by Additional Sessions Judge (F.T.C.), Korba, District Korba in Criminal Appeal No. 36/2021, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Korba dated 07.07.2021 passed in Crime No.509/2021 has been dismissed, whereby applicant/juvenile has been denied bail.

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Counsel for the applicant/juvenile would submit that the applicant/juvenile has been falsely implicated in this case, as he has not committed the alleged crime. At the time of incident, he was a boy of 17 year & 10 month of age. He would further submit that applicant has no previous criminal antecedents; charge-sheet has already been filed; he is in Observation Home since 30.6.2021 and staying there for more period will adversely affect his childish mentality. There is nothing against him in the Social Investigation Report, on the basis of which, he may be denied bail in view of proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Thus, the impugned order and the order of

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Juvenile Justice Board are erroneous and unsustainable in law, therefore, the revision petition may be allowed and the applicant/juvenile may be granted bail.

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

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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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Perusal of the Social Investigation Report shows that this is the first offence registered against the applicant. According to the report, his habit and conduct is good and no any such specific circumstances mentioned in the said Social Investigation Report, which may be a ground for denial of bail to the applicant/juvenile as per proviso to Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015, he is in observation home since 30.6.2021. Looking to the above fact, I find that the Juvenile Justice Board as well as Appellate Court, both have committed an error in not appreciating the social investigation report properly and rejecting the bail of the applicant/Juvenile. Hence, I am inclined to allow this revision petition.

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Consequently, the revision is allowed. The order dated 31.07.2021 passed by Additional Sessions Judge (F.T.C.), Korba, District Korba in Criminal Appeal No. 36/2021 is set aside. It is directed that on furnishing a surety of Rs.25,000/- along with a bond of same amount 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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7 . One closed envelope 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 record of this order.

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Certified copy as per rules.

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Sd/(N.K.Chandravanshi) Judge

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D/-

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X v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

X v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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