JUVENILE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Revision petition under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "the Act, 2015") has been preferred against the impugned order dtd. 7/7/2022 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Raigarh, (CG) in Criminal Appeal No.44/2022, upholding the order dtd. 15/6/2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant in connection with Crime No.162/2021 registered at Police Station Kosir District Raigarh for offence punishable under Sec. 302 of the IPC.

(2.) The prosecution case is that on 2/8/2021, Kotwar, Danganniya has informed that one unknown body was found at the field and the body was identified to be of Sanjay Berman and it was alleged that the juvenile has killed him on account of land dispute.

(3.) Learned counsel for the applicant submits that the applicant (juvenile) is innocent and has been falsely implicated in the case. Both the courts below have failed to analyze the evidence adduced by the prosecution. Learned trial Court should have considered that as per Sec. 12 of the Act, the juvenile may be released on bail, as the applicant has no criminal proclivity and there is no reason to believe that the release of the applicant is likely to bring him into association with any criminal. As the applicant is in jail since 5/8/2021, therefore, learned counsel prays for releasing the applicant on bail.