Allowed

Abc v. State of Chhattisgarh

Chhattisgarh HC12 Sept 2022CRR/821/2022

Case brief

AI extract

What is this about?

In a criminal revision, the Chhattisgarh High Court allowed bail for a delinquent juvenile in an NDPS case involving ganja. The court set aside previous orders upholding the rejection of bail, citing lack of adverse social reports and the main accused being on bail.

What did the court decide?

Impugned orders by Special Judge (NDPS) and Juvenile Justice Board set aside; bail granted to applicant upon furnishing a personal bond of Rs. 50,000/- with one surety.

Abc Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 821 of 2022

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ABC (Delinquent Juvenile), Details of the Delinquent Juvenile are in enclosed Envelope with application )

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---- Applicant

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Versus

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State Of Chhattisgarh Through Chowki Bhawarpur Thana Basna, Distt.- Mahasamund Chhattisgarh

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---- Non-applicant

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For Applicant – Mr. Mohit Kumar, Advocate. For State/Non-applicant – Mr. Shakti Singh, Panel Lawyer.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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12-09-2022

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This criminal revision has been filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Juvenile Justice Act') against the judgment dated 22-06-2022 passed in Criminal Appeal No.12/2022 by the Special Judge (NDPS) Saraipali, District Mahasamund, Chhattisgarh whereby the order dated 11-05-2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant filed under Section 12 of Juvenile Justice Act has been affirmed.

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The case of the prosecution is that, on secret information, the police intercepted the main accused Rohit Kumar along with present applicant who were transporting 3.800 Kg. of ganja on a motorcycle.

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3 . Learned counsel for the applicant submits that main accused, namely, Rohit Kumar has been enlarged on bail by this High Court. He further submits that the present applicant is in observation home from 23-04-2022. The quantity of ganja is 4.00 Kg. along with jute bag and 3.800 Kg. without the bag.

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4 . On the other hand, learned counsel for the State/non-applicant

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opposes the revision petition.

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5 . I have considered the submissions made by the respective parties and perused the documents.

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6 . It appears that there is no adverse remarks in the social status report given by Child Welfare Officer against the applicant, quantity of ganja is 3.800 Kg. which is less than commercial quantity, main co-accused has already been enlarged on bail in MCRC No.4480/2022 vide order dated 0208-2022, the applicant is in observation home since 23-04-2022, therefore, I am inclined to allow the instant criminal revision.

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7 . Accordingly, this criminal revision petition is allowed. The impugned order dated 22-06-2022 passed by the Special Judge (NDPS) Saraipali, District Mahasamund (C.G.) in Criminal Appeal No.12/2022 and the order of the Juvenile Justice Board dated 11-05-2022 are set aside and the application for grant of bail to the applicant is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- by natural guardian/present natural guardian-uncle of the applicant with one surety in the like sum to the satisfaction of the concerned Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of his natural guardian/present natural guardian-uncle.

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8 . One closed envelop has been submitted by learned counsel for the applicant (juvenile) along with memo of Revision, which contains particulars of the applicant (juvenile). The said envelop shall be made part of the record of this order.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Aadil

Abc v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Abc v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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