Raja Bihari @ Virendra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.498 of 2021 • Raja Bihari @ Virendra Singh, Age 17 years, S/o. Late Sunil Singh, Through his legal guardian Mother Chinta W/o. Late Sunil Singh R/o. Mini Basti, Jarhabhata, PS Civil Line, Distt. Bilaspur (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Civil Line, Distt. Bilaspur (CG) ---- Respondent --------------------------------------------------------------------------------------- For Applicant : Shri Raj Kumar Gupta, Advocate For respondent/State : Shri Dinesh Tiwari, Dy. Govt. Advocate --------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board 07.9.2021.

1.

Challenge in this revision petition is to the order dated 26.7.2021 passed by the learned Additional Sessions Judge (FTC), Bilaspur (CG) in Criminal Appeal No. 93/2021, whereby the appeal preferred by the applicant-juvenile against the order of Juvenile Justice Board, Bilaspur dated 07.7.2021 in connection with Crime No. 505/2021 registered at Police Station Civil Line, Bilaspur(C.G.) has been dismissed, whereby the applicant has been denied bail.

2.

Learned counsel for the applicant submits that the applicant is an innocent boy, he has been falsely implicated in this case. The story of the prosecution does not support its own case because as per the FIR, the deceased had sustained injury

by sharp weapon, but such weapon has not been seized from the applicant. The applicant is in Observation Home since 25.06.2021. More detention will cause negative effect in his childish mentality. Looking to the provisions of Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the learned Court below should have granted bail to the applicant and in view of the above, orders passed by both the Courts below are erroneous and not sustainable. It is prayed that this revision petition may be allowed and bail may be granted to the applicant/juvenile.

3.

Learned counsel for the State opposes the revision petition and submits that the applicant is a juvenile who is habitually involved in the act in conflict with law. As per the Social Status Report, this is the seventh crime registered against him. If the applicant is granted bail, then there is full chance of him being in contact with known criminals, therefore, it will be appropriate to keep him in Observation Home so that he may improve his conduct.

4.

I have heard learned counsel for both the parties, perused the documents placed on record and considered the submissions made by counsel for both the parties.

5.

Looking to the facts mentioned regarding antecedent of the applicant/juvenile and also Social Status Report wherein it has been mentioned that this is the seventh case registered against him, therefore, it would be appropriate to keep the applicant/

juvenile in the Observation Home so that he may get opportunity to reform his conduct.

6.

In view of the above, I do not inclined to allow the petition. Accordingly, the revision petition is dismissed. Certified copy as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Bini