Abc Vs State of Chhattisgarh

State of Chhattisgarh through - S.H.O., P.S. Nawagarh, District - JanjgirChampa (C.G.) ... Respondent For the petitioner : Mr. Ravindra Sharma, Advocate For the State : Ms. Avleen Juneja, Panel Lawyer

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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04/02/2026

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1 . The present Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the impugned order dated 03.12.2025 passed by the Court of Additional Sessions Judge (FTSC) (POCSO)Janjgir, District Janjgir Champa, in Criminal Appeal No. 175/2025 upholding the order dated 27.11.2025 passed by the learned Principal Magistrate Juvenile Justice Board, Janjgir (C.G.) in Criminal Case No. 447/2025 whereby the bail application of the applicant relating to Crime No.442/2025 registered at P.S. Janjgir, for the offence u/s 137(2, 64(1) of BNS and sections

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2

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4 & 6 has been rejected .

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2 . (i ) As per the prosecution case, a complaint was lodged by the mother of victim on 10.10,.20225 stating that on 09.10.2025 at about 8.30 a.m., her minor daughter left the house for school but did not return to the home till evening, therefore, the complaint was filed against an unknown person. On such report, crime was registered. During investigation, it was discovered that the juvenile applicant had allured the victim and took her away to Jammu where he committed sexual intercourse with her on the pretext of marriage and further they stayed at Jammu in a rented house for a period of 1 month and thereafter at his grandmother’s home for some days and on 21.11.2025 the applicant was arrested by the police.

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(ii) The applicant had filed application u/s 12 of the Juvenile Justice Act before the Juvenile Justice Board, which has been rejected by the trial Court, against which, he had filed appeal. The appellate Court has rejected the appeal and affirmed the order passed by the Juvenile Justice Board. Hence this appeal.

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3 . Learned counsel for the applicant placed reliance on a decision of the Supreme Court rendered in case of Juvenile in conflict with law V Versus The State of Rajasthan decided on 14 th August, 2024 and submits that both the courts below have not properly considered the essential ingredients of Section 12 of the Juvenile Justice Act and in a mechanical manner rejected the bail of the juvenile. He further submits that the Social Status Report does not show any negative result for release of the applicant and further 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 and it supports the release of the applicant. The report further

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3

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shows that the juvenile is a regular student of 10 th Class and its examination is scheduled to be held w.e.f., 17 th February, 2026. He submits that the applicant is in jail since 23.11.2025 and trial is likely to take time, therefore, considering the provisions of Section 12 of the Act, the appellant may be released on bail.

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4 . On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that the juvenile applicant had taken away the minor girl of 15-16 years of age from the lawful custody of her parents and committed forcible sexual intercourse.

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5 . The victim along-with her mother appeared through VC from the concerned DLSA and expressed no-objection to grant bail.

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6 . I have heard learned counsel both the parties and perused the material available on record.

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7 . In this case, the bail application of the juvenile was rejected by the Juvenile Justice Board as well as the appellate Court mainly on the ground that if the applicant is released on bail there is a possibility of his exposure to moral, physical or psychological danger. The Appellate Court has also observed that the juvenile applicant is accused of committing rape with the victim girl 16 years of age.

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8 . 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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4

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9 . Perusal of the Social Investigation Report shows that there were love affairs between the victim and applicant and there was no previous record of criminal antecedents against the applicant and presently the juvenile is regular student of 10 th Class and he is likely to appear in the ensuing academic examination scheduled to be held w.e.f. 17 th February, 2026.

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10. On perusal of the record especially the social investigation report which shows that there is no adverse impact for the release of the applicant, I do not find any reasonable ground having been brought before the Juvenile Justice Board or the Police Authorities in respect of the so called threat of the juvenile getting exposed to moral, physical or psychological danger or come in the company of known criminal.

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11. In view of above consideration, the impugned order dated 03.12.2025 passed by the appellate court and the order of Juvenile Justice Board, Janjgir dated 27.11.2025 cannot be allowed to sustain and are set aside. The application u/s 12 of the Act of 2015 is allowed. The applicant shall be released on bail forthwith on furnishing a personal bond in the sum of Rs. 25,000/-, by the parents or guardians of the applicant, as the case may be, to the satisfaction of the Juvenile Justice Board for his appearance before the Board, as and when directed.

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12. The revision is accordingly allowed.

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Sd/(Sanjay Kumar Jaiswal) Judge

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Rao

Abc v. State of Chhattisgarh

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Abc v. State of Chhattisgarh

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