Xyz Vs State of Chhattisgarh

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 25.11.2025, passed by the learned Additional Session Judge (FTC) and Children Court, Bilaspur (C.G.) in Criminal Appeal No. 295/2025 , upholding the order dated 17.11.2025 passed by the learned Principle Magistrate of Juvenile Justice Board,

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Bilaspur (C.G.) rejecting the bail application of the applicant in connection with Crime No. 711/2025 registered at Police Station Ratanpur, District – Bilaspur (C.G.) for the offence punishable under Sections 34(2) of Excise Act.

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2 . The prosecution’s case, in short, is that on 28.10.2025, based on secret information received from an informant, the police searched the house of the applicant and seized 165 litres of Kacchi Mouwa Liquor from his possession. Subsequenlty, the police lodged an FIR against the applicant for the offence punishable under Section 34(2) of the Excise Act.

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3 . Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant is aged about 17 years and has no criminal antecedents. The applicant is in the observation home since 28.10.2025 and the social status report is not against to the applicant. 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 applicant may be released on bail. He placed reliance on the decision of Hon’ble Supreme Court in the matter of Juvenile in Conflict with

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Law V vs. The State of Rajasthan & Anr., passed in on Special Leave Petiton (Crl.) No. 9566 of 2024 14.08.2024.

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4 . On the other hand, learned counsel for the State opposes the prayer for the grant of bail and submits that 165 litres of Kacchi Mouwa Liquor was seized from possession of the applicant, therefore, considering the nature and gravity of offence, he may not be enlarged on bail.

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5 . Heard learned counsel for the parties and perused the material available on record.

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6 . Section 12 of the Act, 2015 makes it absolutely clear that a child alleged to be in conflict with law should be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. The only embargo created is that in case the release of the child is likely to bring him into association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied.

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7 . Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that the social status report is not against to the applicant and he has no criminal antecedents, coupled with the fact that the applicant is in observation home since 28.10.2025 i.e., about 03 months, without

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commenting on the merits of the case, I find it appropriate to release the applicant on bail .

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8 . Accordingly, the orders passed by the Sessions Judge and the Juvenile Justice Board are set aside, and the Revision is allowed . It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by the parents/guardian with one local surety in the like sum to the satisfaction of the concerned Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of the said guardian. Along with the bail bond, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicant as well as by the surety, which shall be duly verified by the trial Court.

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9 . It is observed that the person stands as surety will furnish an undertaking that the applicant shall not come in contact with any bad element and in case, if he is found to be indulged in any unlawful act, the surety/father of the applicant shall inform to the concerned Police Station.

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Sd/- (Sanjay Kumar Jaiswal)

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Judge

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Sourabh P.

Xyz v. State of Chhattisgarh

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Xyz v. State of Chhattisgarh

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