1 2025:CGHC:36593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 632 of 2025 1 - XYZ Nil. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Churcha, District- Koriya (C.G.). ... Respondent For Applicant : Mr. Barun Kumar Mishra, Advocate. For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 28/07/ 2025 1. The present Revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act, 2015”) read with Section 438 and 442 of BNSS, 2023 has been preferred against the impugned order dated 10.03.2025 passed by the learned Special Judge (under POCSO Act), Baikunthpur, District-Koriya C.G. in Criminal Appeal No. 21/2025, upholding the order dated 20.02.2025 passed by the learned Juvenile Justice Board, Baikunthpur, District - Koriya SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.30 10:14:20 +0530 2 (C.G.) rejecting the bail application of the applicant in connection with Crime No. 235/2024 registered at Police Station Churchai, District – Koriya (C.G.) for the offence punishable under Sections 137(2), 67, 87 of BNSS & Section 4, 6 of POCSO Act. 2. The case of the prosecution, is that, the applicant took the victim without her lawful guardianship and committed sexual intercourse with her on false pretext of marriage from 15.10.2024 to 18.10.2024. On report being made in this regard, aforesaid offence has been registered against the present applicant. 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 21.10.2024 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 Law V vs. The State of Rajasthan & Anr., passed in Special Leave Petiton (Crl.) No. 9566 of 2024 on 14.08.2024. 4. On the other hand, learned counsel for the State opposes the 3 prayer for the grant of bail and submits that the applicant had sexually assaulted the victim on false pretext of marriage and at the time of incident, the victim was aged about 14 years 06 months. The appellant committed a heinous offence with the victim; therefore, he may not be enlarged on bail. 5. Despite service of notice, victim is not appeared before this court today. 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. 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 21.10.2024 i.e., about 09 months, without commenting on the merits of the case, I find it appropriate to release the applicant on bail. 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 4 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. 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. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.