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High Court Of ChhattisgarhCRR/277/2016allowed

Raja Tandekar @ Girjashankar v. State Of Chhattisgarh

2016-04-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.

Raja Tandekar @ Girjashankar S/o Vinod Tandekar Aged About 16 Years S/o Vinod Tandekar, R/o Kanshi Nagar, Near Shitala Mandir, P.S. Telibandha, Raipur, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : The Police Station Telibandha, District Raipur Chhattisgarh ---- Respondent For Applicants:

Mr. C.R. Sahu, Advocate For State:

Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 22.04.2016 1.

The present Revision has been preferred challenging the order dated 18.02.2016 passed by the Special Judge (Atrocities) Raipur in Criminal Appeal No. 29/2016 whereby the appeal under Section-52 of Juvenile Justice (Care and Protection of the Children) Act, 2000 for grant of bail to the Applicant has been rejected. 2.

Learned Counsel for the Applicant submits that the Applicant before this Court has been arrested in connection with Crime No. 344/15 registered in Police Station Telibandha under Sections 294 & 307 of I.P.C. The allegation against the present Applicant is that he had assaulted the complainant Sayyad Nadim inflicting knife injury on his

chest on 27.09.2015. The Applicant is in jail since 17.10.2015, as such, he has already remained in jail for a period of six months. He prays that the Applicant may be released on bail taking into consideration his age. 3.

Learned State Counsel however opposes grant of bail to the Applicant considering the nature of the offence. 4.

Taking into consideration the total facts and circumstances of the case particularly taking note of the age of the present Applicant who admittedly is a juvenile and that he remained in jail for more than six months this Court is of the opinion that present is a fit case to release the Applicant on bail.

5.

Accordingly, impugned order dated 18.02.2016 is set aside. 6.

The Applicant shall be released on bail during the pendency of the Criminal Case on his and one of his gruadian furnishing personal bond for the sum of Rs. 25000/- with two sureties in like sum to the satisfaction of the concerned Trial Court. The Applicant is directed to appear before the Court on each and every date given to him till the disposal of the case. 7.

With the aforesaid observations the Revision Application stands allowed.

Sd/- (P. Sam Koshy) JUDGE kishore