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2025 DAILYLAW 33580 (CHH)

X v. STATE OF CHHATTISGARH

CRR/946/2024 · 2025-03-18

Shri Arvind Kumar Verma

body2025

Judgment text

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Page No.1 2025:CGHC:12929 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.R. No. 946 of 2024 X S/o Y, aged about…….(erroneously mentioned in the order-sheet) years. ... Applicant versus State of Chhattisgarh, Through - Station House Officer, Police Station- Darri, District- Korba, C.G. (C.G.). --- Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate For State/Respondent : Mr. Karan Bahrani, PL Hon'ble Shri Justice Arvind Kumar Verma Order On Board 18/03/2025 1. Challenge in this petition is to the order dated 01.08.2024, passed by learned Sessions Judge, Korba, (C.G.), in Criminal Appeal No.51/2024, (Annexure A-1) whereby the appeal preferred by the applicant/juvenile against the order of the Juvenile Justice Board, Korba, dated 10.07.2024, has been dismissed, whereby the applicant has been denied bail. 2. Brief facts of this case are that present applicant has committed forceful sexual intercourse with minor victim, due to which, she become pregnant, which was aborted subsequently. Based upon report, FIR was registered against the applicant for offence punishable under Sections 376(2)(n) of IPC and Sections 4 & 6 of Page No.2 the POCSO Act and he was arrested on 26.03.2024. 3. 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. 4. 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 14 years. The probation officer in his report has made adverse remarks against the applicant. Hence, looking to the nature of offence and age of victim, applicant may not be released on bail. 5. Considering facts of the case, submission of learned counsel for the parties, the fact that the applicant has committed forceful sexual intercourse with minor victim, due to which, she become pregnant and, thereafter, same was aborted, particularly the social status report of the applicant, further considering the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, I am of the considered opinion that release of applicant would defeat the ends of justice, therefore, not inclined to allow the revision petition. 6. Accordingly, the instant revision is hereby rejected. Sd/- (Arvind Kumar Verma) Judge J.