Aaa Vs State of Chhattisgarh

The instant criminal revision has been preferred against the order dated 17/12/2024 passed by the learned Additional Sessions Judge (FTC) Raipur, District Raipur (C.G.) in Criminal appeal no. 443/2024, whereby the order dated 03/12/2024 passed by Court of Principle Judge, Juvenile Justice Board, Mana Camp Raipur, District Raipur (C.G.) in Crime No. 20/2024 rejecting the application for grant of bail for the offence punishable under sections 307, 294, 323, 506, 34 of IPC, and Section 25, 27 of the Arms Act has been affirmed.

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The case of the prosecution in brief is that complainant Vidya Nirmalkar

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NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate: 2025.02.0718:39:08 +0530

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has lodged a report on 07.01.2024 in the Police Center Civil Line to the effect that she lives in Lodhipara Raipur behind Jayshree Merlin Complex. Today on 07.01.2024 at 09:30 am, she and her friend Ganesh Yadav alias Rahul were walking in Gandhi Park, at the same time a boy named Rishabh Panka came from the front and collided with Rahul, seeing whom Rahul was pushing him and said, what will you do, he abused his mother and sister and threatened to kill him and went away from there. As soon as they went a little far, Rishabh came from behind and with a knife-like object in his hand, he hit Rahul on the left side of his chest and below the armpit on the left side of the chest and ran away, due to which Rahul fell there, then seeing the incident, Tillu Yadav who was roaming there came, who seeing the blood flowing, put Rahul in the middle of the Activa with him and took him for treatment. Tillu Yadav has seen the incident and this information has been given to Rahul's brother Shyam Kumar Yadav from mobile. On the information of the applicant, Civil Line went to the spot and registered a Dehati Nalish and registered a First Information Report against the appellant under Crime No. 20/2024 Section 294, 323, 506 IPC and the case was taken into investigation. During the investigation, Section 307 IPC was added to the case. Memorandum statement of the appellant was recorded, on the basis of memorandum statement the appellant was arrested on 30.09.2024. After investigation, a charge sheet was presented before the Juvenile Justice Board Raipur under Section 307, 294, 323, 506, 34 IPC and Section 25, 27 Arms Act.

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Thereafter, an application under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was preferred before the learned Juvenile Justice Board, Raipur which has been dismissed on

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04/06/2024. Subsequently, the present applicant preferred an appeal against the order dated 03/12/2024 passed by the Juvenile Justice Board, in Criminal Appeal No. 443/2024 before the learned appellate Court, and the learned appellate Court dismissed the appeal preferred by the applicant. Hence this revision.

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Learned counsel for the applicant would submit that the offence as alleged against the applicant is not made out and the trial is going on. He would next contend that the Courts below have not followed the provisions of Section 12 of the Juvenile Justice (Care and Protection of the Children) Act in its true perspective. He would lastly contend that the age of the applicant is very tender as he is only 16 years old, therefore, the order passed by the appellate Court may be set aside and the applicant may be released on bail.

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Per contra, learned State counsel submits that the order of the appellate Court is well merited which do not call for any interference by this Court.

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I have heard learned counsel for the parties and perused the documents and the social investigation report.

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Perused the Social Investigation Report, wherein it has been stated that the applicant has no previous criminal antecedent and he has normal behaviour, he is in company of the same aged group friends and is ignorant. Section 12 of the J.J. Act, 2015 which provides for bail to a person who is apparently a child alleged to be in conflict with law. Section 12 of the J.J. Act, 2015 is reproduced hereinbelow:-

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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

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abailable 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:

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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 persons 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 decision.

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(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-incharge of the police station, such officer shall cause the person to be kept only in an observation home¹ [or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board.

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(3) When such person is not released on bail under subsection (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

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(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.

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Considering the social investigation report which shows that the applicant has no previous criminal antecedent and he has normal behaviour, he is in company of the same aged group friends and is ignorant and also considering the provisions of Section 12 of the J.J. Act, 2015 and further considering the age of the applicant as he is reported to be aged about 16 Years, I am inclined to allow this revision and release the applicant on bail.

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Consequently, the revision is allowed and order dated 17/12/2024 passed by the learned Additional Sessions Judge (FTC), Raipur,

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District Raipur (C.G.) in Criminal appeal no. 443/2024 and order dated 03/12/2024 passed by the Court of Principal Judge, Juvenile Justice Board, Mana Camp Raipur, District Raipur (C.G.) in Crime No. 20/2024 are set aside. It is directed that the applicant shall be released on bail on his furnishing a surety of Rs.10,000/- which is to be of his father to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed.

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Sd/( Arvind Kumar Verma ) JUDGE

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Kamde

Aaa v. State of Chhattisgarh

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Aaa v. State of Chhattisgarh

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