Chattisgarh High Court
X Y Z vs State Of Chhattisgarh on 20 January, 2025
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2025:CGHC:3336
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Criminal Revision No. 1156 of 2024
XYZ
... Applicant
Versus
State of Chhattisgarh Through - Station House Officer, Police Station-
Pathariya, District- Mungeli, C.G.
... Respondent
For Applicant : Dr. Arpit Lal, Advocate
For State-Respondent : Ms. Binu Sharma, Advocate
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
20/01/2025
Heard.
1. This criminal revision has been preferred by the applicant under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by the order dated 06.09.2024 passed by the learned 1st Additional Sessions Judge/Juvenile Court, Mungeli, District Mungeli (C.G.) in Criminal Case No.30/2024 (Annexure A-1), arising out of order dated 31.05.2023 passed by the learned Presiding Officer, Principal Judge, Juvenile Justice Board, Mungeli, District 2 Mungeli (C.G.), in Crime No.115/2024 Police Station Pathariya, District Mungeli (C.G.) under Section 302/34 of IPC & Section 3(1)(d) & 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the applicant prefers this revision on the following facts and grounds amongst other as under :
2. Brief facts of this case are that on 19.04.2024, there was a Chathi program in the house of Sonal Dhruv and Rakesh Dhruv on the birth of their twin children in Gram Gandhirwadih. The deceased Durgesh along with along with another juvenile-ABC, Basant Nishad, Deva Vishwarkarma, and Krishna Kaiwart were dancing on the DJ floor.
During that time, conflict started between Durgesh and another juvenile-ABC, Basant, Deva and Krishna and a scuffle broke out between them. These four people took him to the shore and the fight started there. Meanwhile, another juvenile-ABC stabbed Durgesh with knife in the stomach and he got injured. Juvenile-ABC, Basant, Deva and Krishna flee from there. The deceased reached to the house of one Panchu located nearby and called Vishnu from there and Vishnu took him to the hospital in the van of Sameer Bhardwaj, but he died of his injuries before reaching to the hospital.
3. On 20.04.2024, in connection with Crime No.115/2024, police arrested Deva and Krishna and the present applicant Basant Nishad along with another juvenile-ABC Patel both juvenile in conflict with law were sent to the Judicial remand.
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4. During the investigation, the police prepared site map, statement of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed before the learned Principal Judge, Juvenile Justice Board, Mungeli, District Mungeli (C.G.), where the case is pending.
5. The present applicant preferred an application for bail before the learned Principle Judge, Juvenile Justice Board, Mungeli, District Mungeli (C.G.) which was rejected on 31.05.2023 against which an appeal under Section 101 of Juvenile Justice (Care and Protection of the Children) Act, 2015 was preferred which was dismissed on 06.09.2024.
6. The applicant being aggrieved by the order dated 06.09.2024 preferred the instant case under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 on the following grounds.
7. Learned counsel for the applicant contended that the applicant has been falsely implicated in the aforesaid case, he is innocent and he has not committed any offence. Since the applicant is juvenile, therefore, in view of the provisions of Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, he would have been released on bail, but the learned 1" Additional Sessions Judge/Juvenile Court, Mungeli, District - Mungeli (C.G.) as well as the Juvenile Justice Board fell into error by rejecting his bail application. He further contended that prima facie case is not made out against the present applicant and as 4 per the prosecution story itself it is glaring that the present applicant was dancing in the music and quarrel started between the deceased person and juvenile- ABC who is juvenile in conflict with law and he is the one who stabbed him and the present applicant was falsely implicated in the crime in question, therefore, the present applicant is entitled to be enlarged on bail. He further contended that at the time when the juvenile- ABC started quarrel and stabbed the deceased person, the present applicant was not with him as he was dancing on the other side of the music box, therefore, the present applicant is entitled to be enlarged on bail.
He further contented that the learned court below also erred in appreciating the fact that even if the entire case of the prosecution is taken on its face value then also there is no ingredients of Section 302 of Indian Penal Code, therefore, no offence would be made out against the present appellant as the prosecution story itself discloses that he was juvenile- ABC who stabbed and killed the deceased person. Section of the Special Act, it is clear that no offence either Section 302/34 of Indian Penal Code or Section 3(1)(d) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would be made out against the present applicant, therefore, he is entitled to be granted regular bail by allowing this revision.
8. Learned counsel for the State-Respondent opposes the submission made by learned counsel for the applicant and submits that the order 5 passed by the trial Court/Juvenile Court is just and proper needs no interference.
9. I have heard learned counsel for the parties and perused the impugned order and other material available on record with utmost circumspection.
10. Taking into consideration the facts and circumstances of the case and from perusal of the record, I have found that on the date of incident, i.e., 19.04.2024, there was a Chathi program in the house of Sonal Dhruv and Rakesh Dhruv on the birth of their twin children in Gram Gandhirwadih. The deceased Durgesh along with another juvenile- ABC, Basant Nishad, Deva Vishwarkarma, and Krishna Kaiwart were dancing on the DJ floor. During that time, conflict started between Durgesh and Juvenile- ABC, Basant, Deva and Krishna and a scuffle broke out between them. Meanwhile, one juvenile- ABC stabbed Durgesh with knife in the stomach and he got injured and when the Durgesh was being taken for treatment, he died on the way.
11. Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides as under :
"12. Bail of juvenile.-(1) When any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding 6 anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice."
12. On perusal of the records, it reveals that the main accused of this case is Juvenile- ABC who stabbed Durgesh with knife in his stomach and the present applicant is used only hands and fists during scuffle. Looking to the involvement of the applicant in the present case and the charge sheet has been filed before the competent Court, this Court is of the view that the applicant is entitled to be released from the concerned Observation Home.
13. In view of the above, the present criminal revision is allowed and the order dated 06.09.2024 (Annexure A-1) is hereby set aside and it is directed that the applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs.10,000/-, with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board, with an undertaking of his parents that he will take care 7 of the applicant. The applicant shall appear before the concerned Board as and when directed.
Sd/-
(Arvind Kumar Verma) Judge Vasant