Shivam @ Sonu Nirala v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 608 of 2017 Shivam @ Sonu Nirala S/o Maniram Nirala Aged About 15 Years R/o Village Kuliya, Police Station Komakhan, District Mahasamund, Chhattisgarh, (Minor) Through Natural Guardian Grandmother (Nani) Rathbai Nishad Wd/o Late Ramnath Nishad, Aged About 54 Years, R/o Shivaji Chowk, Sanjay Nagar, Fingeshwar, Police Station Fingeshwar, District Gariyaband, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Fingeshwar, District Gariyaband, Chhattisgarh.

---- Respondent For applicant - Shri P.K. Patel, Advocate.

For Respondent/State -Shri Suryakant Mishra, PL. Hon'ble Shri Justice Goutam Bhaduri Order 7/07/2017 1.

This revision is against the order dated dated 28/04/2017 passed by the Additional Sessions Judge, Gariyaband in Criminal Appeal No.08/2017. By such order the order of rejection of bail passed by the Juvenile Justice Board dated 1/03/2017 was affirmed.

2.

Brief facts of this case are that one dead body of Ravi Soni was lying in the Shivaji Chowk, Fingeshwar who was taken to hospital wherein he was declared dead. Subsequently, during investigation it revealed that the deceased had illicit relation with the mother of the applicant, thereby he alongwith maternal auncle Chandreshekhar had eliminated deceased Ravi Soni.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case, no evidence is available against the applicant, only on the basis of memorandum statement club was recovered and another accused Chandrashekhar who is major has been enlarged on bail on 22/05/2017 vide M.Cr.C. No.2938 of 2017 by the coordinate bench of

this court, case of the applicant is similar, therefore the applicant may be extended benefit of bail.

4.

Learned State counsel placed the social investigation report. 5.

Perused the social investigation report which suggest that father of the applicant earns his livelihood by working as labour and runs his family. The attitude of the boy towards his teacher was good and has good relation with the neighbours and friends. Social investigation report do not suggest that on release of applicant there is likelihood to bring the applicant in association with any known criminal or will expose him to moral, psychological and physical danger. Therefore, taking into such facts and the fact that other coaccused has been enlarged on bail, I am inclined to allow this revision and release the applicant on bail.

6.

Consequently, revision is allowed and order dated 28/04/2017 is set aside. It is directed that the applicant shall be released on bail on furnishing a surety of Rs.25,000/- to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri