ABC Vs. STATE OF C.G.

JUDGEMENT

(1.) This Criminal Revision has been filed under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "J.J. Act") against the order impugned dtd. 6/6/2024 passed by the learned First Additional Sessions Judge, Janjgir-Champa in Criminal Appeal No.53/2024 arising out of Crime No.18/2024 for commission of offences under Ss. 363,302,201, 120-B, 147,148 and 149 of IPC whereby appeal has been dismissed and the order dtd. 24/4/2024, passed by the Principal Magistrate Juvenile Justice Board, Janjgir in Cr. Case No. 63/2024 rejecting the bail application of child in conflict with law has been affirmed.

(2.) As per prosecution case, on 9/1/2024, at about 12.30 p,. complainant Mukund Yadav lodged a missing report alleging that his son namely Rajesh Yadav, student of class 11 went with one Deepak Tandon in his motorcycle to seethe cultural program at Godna and did not return. He was having suspicion that his son might have been abducted and therefore the report was lodged against unknown persons under Sec. 363 IPC. Thereafter on 12/1/2024, at about 10.00 pm. dead body of the his son was found near Barbhata canal. During merg inquiry, the police collected the evidence against the present applicants/juvenile in conflict with law that the applicants were classmates of the deceased and the applicant No.1 and the deceased were liking their schoolmate (girl). Memorandum statements of the juvenile in conflict with law were recorded and the clothes and weapon of offence were seized. The juveniles were found to be 17 years and 11 months and 16 years of age, respectively.

(3.) An application for bail to the juveniles under Sec. 12 of the Act was filed before the Juvenile Justice Board but same was declined. Thereafter, an appeal preferred on behalf of the juvenile was also dismissed. Learned Sessions Judge has taken into account the facts that their release is likely to bring them into association with known criminal, expose them to moral, physical or psychological danger and would defeat the ends of justice.