1 / 3 2025:CGHC:5911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 881 of 2023 1 - Juvenile In Conflict With Law (Details Are In A Closed Enveloped) ... Revisioner versus 1 - State of Chhattisgarh Through Police of Police Station Darbha District Bastar Chhattisgarh. ... Respondent For revisioner : Mr. P.K. Tulsyan, Advocate For State : Mr. Neeraj Sharma, Dy. AG (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 31/01/2025 1. This criminal revision has been filed against the order dated 18/07/2023 passed by the A.S.J. (F.T.S.C.) (Within POCSO) District Bastar Place Jagdalpur, C.G. in Criminal Appeal No.16/2023 whereby the order dated 14/06/2023 passed by the Principal Judge, Juvenile Justice Board, District Bastar Place Jagdalpur, C.G. rejecting the application for grant of bail has been affirmed. 2. The brief facts of this case are that the police station Darbha District Bastar has registered a criminal case against the present revisioner and 6 other co accused persons U/s. 366, 376-D, 506/34 of I.P.C. as crime no. 13/2023 on the basis of allegation made by the victim that present ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.12 11:09:00 +0530 2 / 3 revisioner has committed forceful sexual intercourse along with other co accused persons while she was coming back after having dinner along with her brother. During the investigation the revisioner was arrested and produced before the Juvenile Justice Board Jagdalpur District Bastar and since 06.03.2023 he is in observation home. Thereafter the revisioner has moved an application under section 12 of the Juvenile Justice (care and Protection of Children) Act 2015 before the Juvenile board at Jagdalpur District Bastar for his bail the same is dismissed by the learned Juvenile board on 14.06.2023 on the ground of heinous offence. 3. Against the order dated 14.06.2023 the revisioner has filed an appeal under section 101 of the Juvenile Justice (care and Protection of Children) Act 2015 before the session court Jagdalpur District Bastar (C.G.). After hearing to the parties the learned appellate court has passed the final order and dismissed the appeal filed by the present revisioner for grant of bail. 4. Learned counsel for the revisioner would submit that the revisioner has been falsely implicated as the medical report does not corroborate the version of the victim. He would next contend that without following the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 the bail application of the revisioner has been rejected. He would next contend that the maximum punishment is for three years and the revisioner has suffered 19 months of the jail sentence, therefore, the impugned orders are required to be set aside and the revisioner may be released on bail. 3 / 3 5. Per contra, learned State counsel would support the impugned orders passed by both the Courts below are well merited which do not call for any interference. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of gang rape as 7 persons committed sexual intercourse with the prosecutrix. Therefore, considering the entire facts & circumstances of the case and looking to the gravity of offence which is of commission of rape. Therefore, considering the fact that the way the offence has been committed which is of a serious nature of committing rape that too in the company of other co-accused persons. Further considering the age of the revisioner as he was 16 years old at the time of commission of offence, it shows that if the applicant is released on bail, he may again come in contact with those co-accused persons/known criminals, in such circumstances giving bail to the revisioner would be a miscarriage of justice. 8. In view of the above circumstances, I am not inclined to interfere with the orders passed by both the Courts below and release the revisioner on bail. 9. Accordingly, the instant revision is dismissed. However, it is directed that the concerned Juvenile Justice Board, District Bastar Place Jagdalpur is directed to expedite the trial as early as possible preferably within a period of six months from the date of receipt of copy of this order. SD/- Sd/- (Arvind Kumar Verma) JUDGE ashu