@@ Shaka gem IN THE HIGH COURT OF JUDICATURE AT BILASPUR, CHHATTISGARH CRIMINAL REVISION NO. I Oq /O6 Roshan S/o Shn Mohan San Aged about — 15 years R/o Village -— Hospital Dafai, ‘ Chirmiri, Thana— Chirmiri, District — Korea, (C.G.). Vs. RESPONDENm i State of Chhattisgarh, Through: Station House \/ )“g Officer, Chuirmiri, District — \I g,\ C E //> CRIMINAL REVISION UNDER SECTION 397 READ WITH SECTION 401/O/F THE CODE OF CRIMINAL PROCEDURE / (AGAINST THE JUDGEMENT DATED 06/01/2006 PASSED BY FIRST UPPER SESSIONS JUDGE, AMBIKAPUR IN CRIMINAL APPEAL NO. — 322/Og’/INf TI'IE CASE OF JUVENILE OFFENDER ROSHAN (a) BINU IN WHICH APPEAL UNDER SECTION 5 OF JUVENILE JUSTICE ' (CARE & PROTECTION OF CHILDREN) ACT 2000. Korewa, (C.G.) $33“ Argumen‘rs were heard This reVIslon Is directed against an order- da1'ed 6 1 2006 ' \ ' passed by the Isl Additional §essions Judge, Ambikapur, SurguJa . in Crimihul Appeal No‘322/ZOO5 whereby 1'he' order. dm’ed ~28‘12.2005 passed ’by Juvenile Jusfice’ Board; Ambiknpur 'in Criminal Case No. 407/ herein was affirmed. Briefly sm‘fed 1‘ .é facts are: Tha'r prosecufion‘ iJnder Sections 363, .366 and 76 I.P.€. was launched by Police Stafion ’Cl'iirimiri’ before The Ju ile Jusi'ice Board Ambikapur against fhe applicanf aged abou‘l’ 15 years If was alleged fhaf fhe applicanf had abducfed Jyofl a rl aged about 18 years from 1he lawful guardianship of her par nfs With Intent to compel her to marry him and In order that she may be forced to Illicit intercourse ' Juvenile Justice r oard reJected ' the . application ;5'refu\sing To gran-r bail 1'0 ‘H'ie applicnnf 2 O v n i I X1-HC-22 v mm ta 2&96 e a . fat—{a r i mm Eater auto Wmowm m_m&rwfs‘o o? 31W W x ‘ _ 23.033006 a Applicant by Shri Flakesh Jha, Advocate. VStateby Shri U.K. S.Chandel, ?anel Lawyer. Learned counsel fdc the applicant prays that this revision l it 1‘ ' be heard and disposed of finally at the stage of admissionr Prayer is not opposed. XI-HGI-22 under' SecTion 12 of The JI Children) Ac'l', 2000 (heren ground fhaf release of 1'! , jus'l’ice. The appella‘re C01 T 18 years and was in love 'WiTh The' ~V app'licanT'since 4 - 5 years-and has married The applicant Besides iT The evldence of‘The’ prosecuTrix‘ was ‘recor-ded by The Juvenile declared hosTile. IT was urged ThaT using To granT bail under sub-secTion (1 T “were saTisfied, and Therefore; ‘ The d on bail On The oTher hand Shri\ V U K SChandel Panel Lawyer has opposed The applicaTion Though formal ly Having heurd‘ rival record. The mandaTe of Nae m offences agamsf we defeat fhe ends of Jushce The appliéonT has conTended ThaT The prosecutr‘ix is aged aboU' Learned counsel for 3 This, i‘r was also argued .fh‘ ' IusTice Soard and she did noT supporT The proseeuTion sTory‘ and none of The grounds for re of SecTion 12 of The A applicanT should be rele .Ivenile Jusfice (Care and Protection of 1af+er referred ‘ro as “the Ac?) on fhe ' 1e Juvenlle would defeat The ends of JrTrhos also held ThaT considering The men The release of‘ The applicanT would IconTenTions, I have gone Through The SecTion 12 of The AcT To release any 'person accused of a bailable l or non-bailable offence and apparenTly a Juvenile 'wl ien ar'resTed or LdeTained or having a. e s ) ; .‘ appeared or is broughfr before release : ‘ i) x is likely i0 bringrfhe juvenile info associafion wi‘rh any known criminal; or- r‘&‘f !w ii) I , expose him 1'0 moral, physical orpsychological danger: e or iii) V;h>a+ his relegse wm ild defeof The ends’of jusfice. ‘Unless ‘fher-e appear re exisTence of one owmore of fh mando‘re of Secfion 12 To rele ’h‘Hracfedt V [I In me F112. dated 21.3.1 prosecu‘rrix, 'if was men‘fioned 1 dam of occurrence ’fhe prosecq herein. The evidence of *he pro Jusfice Board wherein she hos and knew fhe appiicnnfsince a1 fh'e Wife of The. .applicanf i i cafegorically denied ‘Thaf 1he cg onher or fhaf he had abduci’ed‘ u Board is subjecf 1'0 only, fhree exceptions. A_ reasonable ground musf exist for believing thaf 1he 1sonable grounds To jusfify The. e :condifions’ men‘rioned above, “the use fhe juvenile on boil would be 2005 lodged by 1he fdfher of ‘i’he lhu'i obou'r 4; mon‘rhs prior f0 fhe frix had eloped wi'rh The applican‘f isecufrix 'wos recorded by Juvenile ‘s'rafed fha‘r she was aged 18 year you? 4 - 5 years and was living as She has nplioan‘r herein had commif‘fed rape heraffer being lured for marriage, werein in his house. S [I’M «MmMW—gHé“ ~ XI-HC-zz . [in view of 1'he fesfimony of i by fhe Juvenile Jusfice Board, n condifiohs enumerafed in sub-secfi 2000 axis-r. 1* is setTIed low “Hon ‘Jhree condi'rions memionea in sub-c one: n‘an for refusing To gram boil The applican'l’ is enh‘l’led 'i'o be relea In The resulf This revrsion 6 1 2006 passed m Criminai Appeal is ordered ThaT The apphcanT shall solven'f sureTy for Rs 10 OOOI- To Jus'hce Board for his regular appe CerTified copy as per rules he prosecufrixP.W.1 recorded 7 is cleah That none of e‘rhe n (1) of Sec‘l'ion 12 of The ACT The exis‘rence of one ofThe ause (1) of Secfion 12 is a sine ‘n The aforesaid circumstances; ed on ball is allowed The order daTed .3220/2005 is se+ aside. 1+ e released on his furnishing a‘ saTisfacTIon of The Juvenile ance during Trial ,/‘ i Sdl kh if Dilip Raosaheb Deshmu J dge .4 {new : 0 e