NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR…
Juvenile applicant to be released on bail on furnishing personal bond of Rs. 25,000 by parents/guardian with one surety in like sum to the Juvenile Justice Board.
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2024:CGHC:49360
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1003 of 2024
1 - Juvenile In Conflict With Law Nil.
… Applicant
versus
1 - State Of Chhattisgarh Through District Magistrate, Raipur, Distt. Raipur, C.G.
... Respondent
For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent : Mr. Jitendra Shrivastava, G.A.
Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on board
13.12.2024.
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“The scope and object of provision regarding grant of bail to a Juvenile as envisaged under Section 12 of the Act came up for consideration before the Single Judge of this Court in the case of Bharat @ Bhrat & Another (supra), wherein it was held that the use of word "Shall" by the legislative provisions in the Section 12 of the Act is of great significance and which raises a presumption that the particular provision is imperative and makes it manifest that ordinarily the Board is under obligation to release the Juvenile on bail with or without surety, but the Juvenile shall not be so released in certain circumstances as latter part of the Section also uses the word "Shall" imposing certain mandatory conditions prohibiting the release of the Juvenile by the Board. It has also been held that ordinarily the bail has to be granted to the Juvenile and would be liable to be rejected only when it appears to the Board that either of the three conditions mentioned in Section 12 of the Act are existing.
1 2011(1) CGLRW-140
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“ Section 12 Bail to a person who is apparently a child alleged to be in conflict with law. —(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decisionogical danger or that his release would defeat the ends of justice.”
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as also exposing himself to physical danger, the juvenile may not be released.
Sd/-
(Ravindra Kumar Agrawal) Judge
Sagrika
Colour shows how this judgement treated each authority
Dayasagar Yadav @ Sagar Vs. State of ChhattisgarhRelied on¶5
2011(1) CGLRW-140
2 provisions across 1 enactments
Juvenile In Conflict With Law
State Of Chhattisgarh Through District Magistrate, Raipur
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
