ABC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this revision petition is to the order dtd. 16/3/2022 passed by learned Special Judge (Atrocities) and Additional Sessions Judge, Raipur, C.G. in Criminal Appeal No. 45/2022, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Mana Camp Raipur, District Raipur dtd. 17/2/2022 in connection with Crime No. 33/2022 registered at Police Station New Rajendra Nagar, Raipur (C.G.) has been dismissed, whereby the applicant/juvenile has been denied bail.

(2.) Learned counsel for the applicant (juvenile) would submit that the applicant is an innocent boy aged about 14 years, studying in class VIII and has been falsely implicated in this case. It is further submitted that this is the first case registered against the applicant; he is in Observation Home since 21/1/2022 and charge-sheet has already been filed, therefore, more detention will affect the childish mentality of the applicant (juvenile). As per social status report, applicant has not committed any misconduct during custody in the Observation Home. Nothing adverse has been 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. Therefore, it is prayed that looking to the facts and circumstances of the case, revision petition may be allowed and the bail may be granted to the applicant.

(3.) On the other hand, learned State counsel vehemently opposes the submissions made by learned counsel for the applicant, hence, looking to the nature and gravity of the offence both the Courts below have rightly dismissed the bail of applicant.