Allowed

' N ' Juvenile v. State of Chhattisgarh

Chhattisgarh HC20 Apr 2022CRR/808/2021

Case brief

AI extract

What is this about?

CHhattisgarh High Court allowed a revision petition, setting aside bail rejection orders. The Court held that both lower Courts erred in not appreciating the social status report indicating the applicant was a student with active exams. Bail was granted on furnishing a surety of ₹25,000.

What did the court decide?

The order dated 27.10.2021 of the Special Sessions Judge set aside; applicant to be released on natural guardian undertaking a surety of ₹25,000.

' N ' Juvenile Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

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Criminal Revision No. 808 of 2021

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'N' Juvenile Aged about 17 Years

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---- Applicant

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Versus

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State Of Chhattisgarh, through S.H.O. Police Station -Abhanpur, Distt. Raipur (C.G.)

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---- Respondent ----------------------------------------------------------------------------For Applicant : Ms. Sonila Kuldeep, Advocate. For respondent/State : Mr. Adil Minhaj, Govt. Advocate. -----------------------------------------------------------------------------

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

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20.4.2022.

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Challenge in this revision petition is to the order dated 27.10.2021 passed by learned Special/Additional Sessions Judge (F.T.C. Additional Charge), Raipur in Criminal Appeal No. 165/2021, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Mana Camp, Raipur dated 06.10.2021 in connection with Crime No. 379/2021 registered at Police Station Abhanpur, Distt. Raipur (C.G.) has been dismissed, whereby the applicant/juvenile has been denied bail.

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Learned counsel for the applicant/juvenile would submit that the applicant, who is 17 year old boy, has been falsely implicated in this case. She would further submit that applicant is a student of Class – XII (Open School) and his examination is going on; one paper has already been held on 13^th April, 2022 and his next paper is scheduled to be held on 22^nd April, 2022 and two papers still remain. It is further submitted that the applicant is in Observation Home since 22.09.2021 and chargesheet has already been filed. Nothing adverse has been

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mentioned against the applicant in the social status report, despite that both the learned Courts below have rejected the bail application of the juvenile, which is erroneous and unsustainable in law. It is further prayed that this revision petition may be allowed and the bail may be granted to the applicant.

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Learned counsel for the State opposes the revision petitioner and submits that both the Courts below have not committed any error in the passing the impugned orders, thus, the revision may 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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The applicant is said to be the student of class -XII (Open School) and his examination has already been commenced. He is in observation home since 22.09.2021 and the charge sheet has already been filed. It seems that social status report of the applicant has not been properly appreciated by the Juvenile Justice Board as well as appellate Court, as no such circumstances have been mentioned, which may be a ground for dismissal of bail to a juvenile under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Looking to the above fact, the Board as well as the appellate Court, both have committed error in not appreciating the social investigation report properly and rejected 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 27.10.2021 passed by learned Special/Additional Sessions Judge (F.T.C. Additional Charge), Raipur in Criminal Appeal No. 165/2021 is set aside. It is directed that on furnishing a surety of ₹ 25,000/- along with a bond of same amount which is to be of his natural guardian/father/mother, to the satisfaction of the

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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 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/-

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(N.K. Chandravanshi) JUDGE

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D/-

' N ' Juvenile v. State of Chhattisgarh

Case brief

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' N ' Juvenile v. State of Chhattisgarh

Case brief

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