XYZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this revision petition is to the order dtd. 18/1/2022 passed by learned Additional Sessions Judge (F.T.C.) Raigarh in Criminal Appeal No. 7/2022, whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Raigarh dtd. 5/1/2022 in connection with Crime No. 148/2021 registered at Police Station Kapu, District - Raigarh (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 innocent and has been falsely implicated in this case . It is further submitted that no injury was found on person of the victim/prosecutrix and it is the first offence registered against the applicant (juvenile). Applicant is in Observation Home since 29/10/2021 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. It is further prayed that this 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, however, he submits that there is no previous criminal antecedent of the applicant (juvenile), as per the case diary. He would further submit that it is a case of rape of a minor girl, thus, considering the nature and gravity of the offence both the Court below have not committed any error while dismissing the bail application of the applicant, thus, the revision may be rejected.