Abc (Juvenile in Conflict With Law) Vs… — Murder and Culpable Homicide | Chhattisgarh HC (2025)

Abc (Juvenile in Conflict With Law) Vs… — Murder and Culpable Homicide | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant (juvenile in conflict with law) on bail upon furnishing a personal bond by his natural guardian in the sum of Rs.10,000/-, with one surety in the like sum, to the satisfaction of the Juvenile Justice Board concerned; the applicant shall appear before the Board concerned as and when directed.

Issue for consideration

Whether the applicant, a juvenile in conflict with law who had been denied bail by the Principal Judge, Juvenile Justice Board, Bilaspur and whose subsequent appeal had been dismissed by the Session Court, Bilaspur, should be enlarged on bail.

Court's answer

Taking into account the facts and pleadings, the submissions of counsel, the social status report in favour of the applicant, the fact that the only allegation against him is that he assaulted the victims by means of hands and fists, the provisions of Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015, his detention in the observation home since 05.08.2024 and the filing of the charge-sheet, the court was inclined to allow the revision petition and release the applicant on bail.

Ratio / Principle

The revision is allowed; the impugned orders of the Session Court as also of the Juvenile Justice Board are set aside, and the applicant is directed to be released on bail upon furnishing a personal bond by his natural guardian in the sum of Rs.10,000/- with one surety in the like sum, to the satisfaction of the Juvenile Justice Board concerned, and shall appear before the Board as and when directed.

Detailed headnote1 paragraphs

Criminal Revision (CR.R. No. 48 of 2025) by a juvenile in conflict with law, acting through his natural guardian mother, against dismissal by the Session Court, Bilaspur (order dated 16.12.2024, Annexure A-1) of his appeal against refusal of bail by the Principal Judge, Juvenile Justice Board, Bilaspur (order dated 04.12.2024, Annexure A-2). The applicant was arrested on 05.08.2024 in an FIR under Sections 109, 103, 118(1), 3(5) of BNS arising out of a knife assault by accused persons Vicky Sahu and Sahil Gandhrav on victims Narendra Chandrakar and Nikhil, in which Narendra Chandrakar died; the allegation against the applicant alone was that he caused injury to the victims by hands and fists. Considering the favourable social status report, the limited nature of the allegation against the applicant, the provisions of Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015, his custody in the observation home since 05.08.2024 and the filing of the charge-sheet, the High Court (Arvind Kumar Verma, J.; order on board dated 06/03/2025) allowed the revision petition, set aside the impugned orders of the Session Court and the Juvenile Justice Board, and directed release of the applicant on bail upon a personal bond by his natural guardian in the sum of Rs.10,000/- with one surety in the like sum, with appearance before the Board concerned as and when directed.

Page No.1

2025:CGHC:11146

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CR.R. No. 48 of 2025

ABC (Juvenile In Conflict With Law) Through Natural Guardian Mother, R/o Ramnagar, Chingrajpara, PS- Sarkanda, District Bilaspur C.G.

... Applicant

versus

State of Chhattisgarh, Through Aarakshi Kendra Sarkanda, Bilaspur District Bilaspur C.G..

---- Respondent

For Applicant	: Mr. Ankur Diwan, Advocate on behalf
	of Mr. Rohishek Verma, Advocate.
For State/Respondent	: Ms. Sunita Manikpuri, Dy. GA.

Hon'ble Shri Justice Arvind Kumar Verma

Order On Board

06/03/2025

Challenge in this petition is to the order dated 16.12.2024 (Annexure A-1), passed by learned Session Court, Bilaspur, (C.G.), whereby the appeal preferred by the applicant/juvenile against the order of Principal Judge, Juvenile Justice Board, Bilaspur, dated 04.12.2024 (Annexure A-2), has been dismissed, whereby the applicant has been denied bail.

Page No.2

Brief facts of this case are that accused persons (Vicky Sahu & Sahil Gandhrav) have assaulted the victims (Narendra Chandrakar and Nikhil) by means of knife and present applicant caused injury to them by the hands and fists. Due to stabbed injury by the knife, victim/Narendra Chandrakar died. Based upon report lodged by complainant, FIR was registered against the accused person for offence under Sections 109, 103, 118(1), 3(5) of BNS and applicant was arrested on 05.08.2024.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no offence has been committed by him and he is minor, therefore, the applicant may be enlarged on bail.

Learned State Counsel opposes the submission made by counsel for the applicant would submit that there is specific allegation against the applicant of committing the alleged offence/crime, hence, looking to the nature of offence, applicant may not be released on bail.

Considering facts of this case, pleadings made in the petition, submissions of learned counsel for the parties that social status report is in favour of the applicant, the only allegation against the present applicant is that he assaulted the victims by means of hands and fists, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015,

Page No.3

applicant is in observation home since 05.08.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail.

Consequently, the revision is allowed. The impugned orders of the Session Court as also Juvenile Justice Board are hereby set aside and it is directed that applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs.10,000/-, with one surety in the like sum to the satisfaction of the Juvenile Justice Board concerned. The applicant shall appear before the Board concerned as and when directed.

Certified copy as per rules.

Sd/(Arvind Kumar Verma) Judge

J.