Page No.1 2025:CGHC:20297 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 491 of 2025 Abc (Juvenile In Conflict With Law) (Description Of Applicant And Legal Guardian Is In Closed Envelope) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Station Basna, District Mahasamund (C.G.) ... Respondent For Applicant : Mr. Shikhar Sharma, Advocate For State/Respondent : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order On Board 02/05/2025 1. Grand father of the victim/complainant appeared through DLSA, Mahasamund, Chhattisgarh and vehemently objected the prayer made by the learned counsel for the applicant. 2. Challenge in this petition is to the order dated 17.03.2025 passed by the court of learned Juvenile Court/ Special Judge, POCSO, Saraipali, District Mahasamund Chhattisgarh in Criminal Appeal No. 06/2025 (Annexure A-1), arising out of order dated 13.02.2025 passed by the court of learned Juvenile Justice Board, Mahasamund, District Mahasamund Chhattisgarh in Crime No. 540 of 2023 at Police Station Basna in which the application for grant of bail under Section 12 of Juvenile Page No.2 Justice(Care and Protection of Children) Act as well as the appeal preferred by the applicant was rejected. 3. Brief facts of this case are that the grandfather of the prosecutrix made a complaint before the Police Station Basna, District Mahasamund Chhattisgarh stating therein that the present applicant has made sexual relation with his grand daughter, who is minor. On the basis of the said report the police has registered the crime as Crime No. 540/2023 by the Police of Police Station Basna, District Mahasamund Chhattisgarh for the offence punishable under Section 363, 376, 506 of IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and no offence has been committed by him and he is minor, therefore, the applicant may be enlarged on bail. 5. Learned State Counsel opposes the submission made by counsel for the applicant would submit that there is specific allegation against the applicant of committing the alleged offence/crime with minor victim aged about 16 years at the time of incident. Hence, looking to the nature of offence and age of victim, applicant may not be released on bail. 6. Perusal of document/report shows that there is no adverse remarks made against the applicant by the probation officer. Further there is no reasons mentioned by the Session Court or the Juvenile Justice Board to belief that release of the applicant would defeat the ends of justice, expose him to moral, physical or psychological danger. Moreover the doctor who examined the victim has stated that there were no internal as well as external injury found on the body of the victim. There is no sign of forceful intercourse. 7. Considering facts of this case, submission of learned counsel for the parties, probation officer has not made any adverse remarks Page No.3 against the applicant, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, applicant is in observation home since 02.08.2024, charge-sheet has been filed, I am inclined to allow the revision petition and release the applicant on bail. 8. Consequently, the revision is allowed. The impugned orders of the Session Court as also Juvenile Justice Board are hereby set aside and it is directed that applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs.10,000/-, with one surety in the like sum to the satisfaction of the Juvenile Justice Board concerned. The applicant shall appear before the Board concerned as and when directed. Certified copy as per rules. sd/- (Arvind Kumar Verma) Judge alfiza baig