The provision under Section 12(1) of the Juvenile Justice Act mandates release on bail unless justified grounds for detention exist.

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 1^st 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 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.

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 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