XYZ Vs. STATE OF C.G.

JUDGEMENT

(1.) This Criminal Revision under Sec. 102 of the Juvenile Justice (Care & Protection of Children), Act 2015 (for Short " Act of 2015") has been filed challenging the legality, judicial propriety and correctness of order dtd. 5/5/2022 passed by Ld. Additional Sessions Judge (Fast Track Court), Children Court Bilaspur(CG), in Criminal Appeal No.73/2022 whereby the Ld. Court dismissed the criminal appeal preferred by the applicant against the order dtd. 20/4/2022 passed by Principal Judge, Juvenile Justice Board, Bilaspur (CG) dismissing the application for grant of bail by the applicant under Sec. 12 of Act of 2015..

(2.) The case of prosecution in brief, is that the complainant lodged a report alleging that on 24/2/2022 at about 5:35 pm when he was sitting in the garden of Samta colony with his friends Naveen Mahadeva, Uday Chakardhari, Harish Meshram and Dadu Yadaw, some persons juvenileconflict-with-law and their friends from Talapara came there and some hot talk took place among them. It is further alleged that on the very next day i.e. on 25/2/2022 again the accused persons came and assaulted the complainant and his friends, due to which they sustained grievous injuries. Injured was taken to the hospital where one Navin Mahadeva was declared dead and another injured Uday Chakardhari was admitted in the hospital in serious condition. On the basis of said complaint aforesaid offence have been registered against the accused persons.

(3.) Learned senior counsel for the applicant juvenile-conflict-with-law vehemently argued that the provisions of Sec. 12 of Act of 2015 mandates that " the juvenile shall be released on bail with or without surety or placed under the supervision of the probation officer or under the care of any fit person. Provided that such person shall not be released on bail if there appears reasonable ground for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger, or the person's release would defeat the ends of justice". In the case, in hand, learned Court below has given a finding that looking to the seriousness of the offence, appeal is dismissed and the Court below has not considered the provision of Sec. 12 of Act of 2015 in its proper perspective and thereby committed irregularity while rejecting the appeal. He further submits that in order to find out the physical and mental status of juvenile in conflict with law there is a provision under Sec. 14 and 15 of Act of 2015. He submits that the provision of Sec. 15 was considered and the finding under Sec. 15 of the Act of 2015 has already been given by Juvenile Justice Board to try the offence before the Juvenile Justice Board and not before the Children Court, therefore, the revision should be allowed and the applicant should be released on bail.