Xyz Vs State of Chhattisgarh

This revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015') is filed against the order dated 29.12.2023 passed by learned Special Judge, (F.T.S.C.), POCSO Act, Mungeli in Criminal Appeal No.61/2023 filed against the order dated 13.12.2023 passed by Principal Magistrate, Juvenile Justice Board, Mungeli (for short 'the Board') by which application for grant of bail to applicant in connection with Crime No.520/2023 registerd at Police Station City Kotwali, Mungeli, District Mungeli for the offences under Section 376 (2) (N) of IPC, Section 4 & 6 of Protection of Children from Sexual Offences

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Act, 2012 was rejected.

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Case of prosecution, in brief, is that a report was lodged on 04.12.2023 by mother of victim alleging that on 03.12.2023 at about 10.00 PM her daughter (victim) complained about stomachache. Victim was taken to hospital and during examination, complainant was informed that her daughter was carrying pregnancy of 7 and half months. It is also alleged that on asking, victim told her that she and applicant are in love relation and applicant developed physical relation with her due to which she became pregnant. Victim delivered a dead baby girl on 04.12.2023 and on the same day victim also died during the treatment. Based on aforementioned complaint, offence under Section 376 (2) (N) of IPC and Section 4 and 6 of Protection of Children from Sexual Offences Act was registered. During course of investigation, statement of mother and father of victim was recorded. Applicant was taken into custody on 05.12.2023. After his arrest, applicant filed bail application under Section 12 of the Act of 2015 before the Juvenile Justice Board which came to be dismissed vide order dated 13.12.2023 against which criminal appeal was filed and the same was also dismissed vide order impugned.

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Learned counsel for the applicant submits that victim as well as applicant both are below 18 years of age and the incident is outcome of love affair between them. Applicant has not committed any offence as alleged. Applicant is studying in

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Class- 12^th and if he is not released on bail, he will be deprived from appearing in examination and his future will become bleak. There is no allegation of commission of rape by applicant. He also contended that there is also nothing on record to show that if juvenile is released on bail, his 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 will defeat the ends of justice. However, the Board as well as appellate Court have not properly appreciated the facts of the case and have passed impugned orders in a cursory manner without considering the object of the law enacted for the benefit of a Juvenile. Applicant is in observation home since 05.12.2023 and further custody of applicant in the observation home will adversely affect his mental condition. Hence, applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposing the submissions of learned counsel for applicant, would submit that applicant has actively participated in commission of offence due to which victim became pregnant and during her delivery, she died. Serious allegation have been levelled againast applicant, which shows his deprivation of mind. He further submits that release of applicant is likely to expose him to moral or psychological danger and as such, his bail application has rightly been rejected by the Board and the Court below. Hence, present criminal revision filed on behalf of juvenile be

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dismissed.

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Pursuant to notice issued by this Court, father and mother of victim are present before this Court through virtual mode from concerned District Legal Services Authority and raised objection in grant of bail to applicant.

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I have heard learned counsel for both sides and perused the documents filed along with criminal revision.

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The provision of bail for juvenile is given under Section 12 of the Act of 2015 which reads as under:

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“12. Bail of juvenile.-(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if 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 of justice.

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(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

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(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order. “

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A bare reading of above quoted provision would show that a

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juvenile in conflict with law shall be released on bail, notwithstanding anything contained in the Code of Criminal Procedure or in any other law for the time being in force, except in three contingencies specified under Section 12 (1) of the Act of 2015 itself. These three situations are: (i) if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal; (ii) the release will expose the juvenile to moral, physical or psychological danger and; (iii) his release would defeat the ends of justice.

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Social investigation report of applicant/juvenile, which was submitted before the Board, is available in the case diary. In the social investigation report of applicant it is recorded that relations of applicant with his family members, with his friends and neighbourers is friendly/cordial. He is currently pursuing his study. Applicant is not addicted to any kind of intoxicants. It is also mentioned in the report that mental and physical condition of juvenile is good. No criminal antecedent of applicant is shown. His company is not shown with any criminals. Nothing adverse has been reported in respect of habit of applicant or that release of applicant would expose him to physical, psychological or moral danger or he would come in association of known criminals.

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Perusal of the impugned order reveals that the reason for denying concession of bail to the applicant is that the father of

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the victim strongly objected the release of applicant on bail and at this stage if appellant is released on bail, there will be fear of harming the juvenile. It is observed that giving the benefit of bail to the applicant appears to be failure of justice and there is apprehension that it would expose him to moral, physical and psychological danger. However, the Court below has not mentioned in the impugned order as to what was the basis for recording a finding that moral, physical and psychological danger is possible to the applicant. There is no discussion of this aspect in the impugned order. In absence of any justification and especially, a failure of the Courts below to take into consideration the exceptions given under Section 12 of the Act of 2015 where bail can be denied to a juvenile, this is a fit case to interfere in the impugned orders and grant bail to the juvenile.

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Therefore, this criminal revision is allowed and the impugned orders passed by the appellate Court and the Board are hereby set-aside. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by his father, with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board, the custody of applicant shall be given to his father. It shall be duty of the father of applicant to produce him before the Justice Board as and when directed. He shall take proper care of the applicant and will not allow him to fall into association of any person of criminal background. He shall

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ensure that the applicant will not repeat the offence of like nature in future.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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Balram

Xyz v. State of Chhattisgarh

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Xyz v. State of Chhattisgarh

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