@ HIGH COURT OF CHHATTISGARH AT BILASPUR CR.RJ\TG. 4761'2611 APPLICANT (In custody) VERSUS \\ Smt. Shri Bai widow of Ramkripal, aged 45 years R/o Villag€ Parcha Basti, RS. and Tahsil Baikunthnur. Distn‘ct Kon'a (C.G.) for his minor son Arun Kumar @ Daroga, Son of Ramkn‘pal, aged about 15 years, R/o Village Parcha Basti, P.S. and Tahsil ‘Baj'kunthpur, District Kon‘a (C.G.). NON—APPLICANT State of Chhattisgarh, Through The Coliect'or, Koria (C.G.). REVISION UNDER SECTION 53 OF THE JUVENILE JUSTICE [CARE AND PROTECTION OF CHILDREN) ACT, 2000. (SB :Hon’ble Mr. T.P.Sharma, J.) Present—Ms. Meena Shastri, Advocate for the applicant. Mr. Vinod Kumar Tekeim, RL‘ for the State/non-applioant. ORDER (Passed on 08/ 1 1 I201 1) 1. BV this criminal xevision under Section 53 of the Juvenile Justice (Cane a11d Protection of Children) Act, 2000 applicant has challenged the‘legality and propriety of theonler dated 5/8/201 1 \ passed by 1st Additional Sessions Judge, Manendragarh at Baikunthpur, District Kon’a (C.G.) in criminal appeal No. 10/ 2011 aliirming the order dated 1516/ 2011 passed by Juvenile Justice Board, Bajkunthpur in criminal case No. 22/2011 whereby application filed on behalf of the delinquent for his bail under Section 12 of the Juvenile Justice (Cale and Protection of Children) Act, 2000 (in short ‘the Act’) has been dismissed. 2. Ms.‘ Meena Shastri, Advocate for the applicant and Mr. Vinod Kumar Tekam, P.L. for the State] non—applicant are heaid. 3. Learned counsel for the applicant submits that delinquent Arun Kumar is aged about below the 18 years. As per case of the prosacution he has commilted attempt to commit murder of public servant While discharging of his duty and cas€ has b€cn registered under Sections 307 3r, 326 of the Indian Penal Code. Leanled counsel for the applicant further submits that this is fnst oii'ence of delinquent and simply injuxy has been found over the hody of the complainant and applicant is in custody since 611/2011. Learned counsel for the applicant also submits that them is no likelihood of his association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends ofjustice. On the other hand, learned P.L. for the State/non—applicant opposed the criminal revision and submits that as per report of Probation Ofhcer even at the time of incident he has given his false identincation which shows his criminal nature and applicant be released then dennitely he may be bring into association with a unknown criminal or expose him to moral, physical or psychological danger. Seciion 12 of the Act is exception to general rule of bail and bail of delinquent may be denied only on the ground that 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 ofjustice. In the present case, other criminal antecedents of the applicant has not been shown by respondent, nature of injury is simple. As per case of prosecution he was cutting forest tree and when he was caught read handed then he was caused injury to public servant, being asked he has given his false identification, these facts are vy m’I 1 alone sufiicient for drawing prima—facie presumption that there is a masonable. ground for believing that his releass may likely to bring into association with unknown criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In absence of aforesaid ingredients, I do not hild any ground for denial of bail to the delinquent Who is in custody since 6/ 1/2011. By dismissing the bail application and appeal Court below has committed an illegality requiring interference in exercise of revisional jurisdiction. Consequently, criminal revision deserves to be allowed and is hereby allowed if security bond of Rs. 20,000l— is furnished on behalf of the applicant for his regular appearance before the Juvenile Justice Board and that he will not commit any oEence and he will not associate himself with any criminal during period of trial, he be released. Certified copy as per rules. " Sd/- T.P. Sharma Judge i\ W @