X Y Z Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal revision has been preferred under Sec. 102 of the Juvenile Justice (Care and Protection of minor), Act, 2015 (hereinafter referred to as 'the Act, 2015') questioning the legality and propriety of the order dtd. 14/12/2021 passed by Special/Additional Sessions Judge (F.T.C.), Raipur (C.G.) in Criminal Appeal No.198/2021, whereby, the learned appellate Court, while upholding the order dtd. 25/11/2021 of the Juvenile Justice Board, Mana Camp, Raipur, District Raipur (C.G.), has rejected the application filed by the Applicant under Sec. 12 of the Act, 2015 in connection with the Crime No.512/2021 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sec. 302 read with Sec. 34 of IPC and Ss. 25 and 27 of the Arms Act.

(2.) Case of the prosecution, in brief, is that the deceased Komal Sahu @Lalu Sahu was the brother of the complainant, namely, Birendra Sahu. On 22/8/2021, Komal Sahu did not come back to his house and on the next day, i.e., on 23/8/2021, his brother Birendra Sahu, the complainant, was informed by one person that his brother was found lying dead near the house of Pukhraj Singh and unknown person killed and threw him. The Complainant after having received the information about the death of his brother went to Police Station and lodged the report. On the basis of which, the concerned police conducted investigation and after investigation, offence under Sec. 302 read with Sec. 34 of IPC and Ss. 25 and 27 of the Arms Act have been registered and the charge sheet has been filed accordingly against the present Applicant.

(3.) An application as per the provision prescribed under Sec. 12 of the Act, 2015 was filed by the Applicant praying for his release on bail in connection with the said crime. After considering the said application, the concerned Juvenile Justice Board vide its order dtd. 25/11/2021 has rejected the same by holding that the release of the Applicant would defeat the ends of justice.