A vs State of Chhattisgarh - 2022 Supreme(Chh) 399

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2022 Supreme(Chh) 399

DEEPAK KUMAR TIWARI
A – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Dharmesh Srivastava.
For the Respondent: Pushplata Xalxo.
For the Objector : C.S. Chauhan.

ORDER :

1. The present Revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act 2015”) has been preferred against the impugned order dated 2.8.2022 passed by the Additional Sessions Judge, (Fast Track Court) Kabirdham, Kawardha (CG) in Criminal Appeal No. 26/2022, upholding the order dated 20.7.2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant in connection with Crime No. 468/2022 registered at Police Station Kawardha for offence punishable under Section 376-AB and 366 of the IPC and Section 6 of the POCSO Act.

2. The prosecution case is that the petitioner, who is a juvenile, has committed rape with the minor girl of 7 years who is his cousin sister.

3. Learned counsel for the petitioner submits that the petitioner has no criminal past, he is innocent and has been falsely implicated. There is no likelihood that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger. The learned Court below have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the petitioner may be released

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