ABC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as "Act of 2015) is directed against the judgment dated 23/12/2021 passed by the learned Additional Sessions Judge, Durg, District- Durg (C.G.) in Criminal Appeal Case No. 243/2021, upholding the order dated 20/12/2021 of the Juvenile Justice Board, Durg (C.G.) rejecting the bail application of the applicant in connection with Crime No. 402/2021 registered at Police Station Pulgaon, Chowki- Jevarasirsa, Durg (C.G.) for the offence punishable under Ss. 294, 506, 323, 147, 302 IPC.

(2.) Case of the prosecution, in brief, is that on 24.09.2021, the applicants/juvenile were calculating the expenditures incurred in installation of idol lord Ganesha in Satnam Bhawan, at that point of time Ravi Chaturvedi came there and seeing him, the applicants/juvenile abused him filthily and ousted him from there. After some time, Ravi Satnami call his parents and quarrel ensued between the parties. During this process, one of the juvenile accused called his father and some other persons and assaulted the complainant party with hands, fists and legs. As a result, one Devnarayan sustained grievious injury and succumbed to the same on 28/09/2021 during the course of treatment and other persons of the complainant sustained injuries.

(3.) Learned counsel for the applicants/juvenile submits that the they are innocent boys and have been falsely implicated in this case. They have no criminal antecedents. The Courts below have not properly appreciated the social status reports of the Probation Officer. He further submits that in this case, a counter FIR was also registered by the applicants against the complainant party bearing Crime No. 401/2021 for the offence under Ss. 294, 323, 506, 34 of IPC but the said fact has not been considered by the Courts below. Co-accused Dilip Joshi and Devkumar Joshi have already granted regular bail by the Co-ordinate Bench of this Court vide order dated 04.02.2022 passed in MCRC No. 10256 of 2021. Therefore, the applicants/juvenile be released on bail.