ABC (DELINQUENT JUVENILE) Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Revision 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. 8/6/2023 passed by the 1st Additional Sessions Judge, Mungeli, District Mungeli (CG) in Criminal Appeal No.19/2023, upholding the order dtd. 31/5/2022 passed by the Juvenile Justice Board, Mungeli rejecting the bail application of the Applicant in connection with Crime No.74/2023 at P.S. Fasterpur, District Mungeli for the offence under Sec. 34(2) of the Excise Act.

(2.) The prosecution case is that on 26/5/2023, the police got information on their patrolling duty that the present Applicant was carrying 27 bulk liters of illicit liquor in his motorcycle and had sold the same, therefore, the aforesaid offence has been registered against him.

(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. He further submits that the Applicant has been detained at observation home since 27/5/2023, at the time of incident, he was 15 years old and was pursuing his 9th standard studies, adult co-accused namely Jaagesh Banjara has already been enlarged on bail vide order dtd. 30/6/2023 passed by this Court in M.Cr.C No.4148/2023, he has no criminal past, both the Courts below have rejected his application which is not proper, no adverse remarks were made in his social investigation report, therefore, considering all these aspects, the Revision may be allowed setting aside the order of the Courts below and the Applicant may be released on bail.