1 2025:CGHC:1841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1086 of 2024 1 - A Juvenile In Conflict With Law ... Applicant versus 1 – State of Chhattisgarh Through The District Magistrate, Manendragarh, District- M.C.B. (C.G.) ... NON-APPLICANT For Applicant : Mr. Shivendu Pandya, Advocate For State : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/01/2025 1. Heard. 2. This revision is against the order dated 04/07/2024 passed by the Special Judge (Under POCSO) Act, Chirmiri, District Koriya (Now M.C.B.) in Criminal Appeal No.66/2024, whereby the order dated 16.05.2024 passed in Criminal Case No.14/2024 passed by the Juvenile Justice Board rejecting the application for bail of the applicant was affirmed. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.14 14:13:02 +0530 2 3. As per the case of the prosecution, complainant i.e. father of the prosecutrix lodged the report in the police station Podi, District M.C.B. to the effect that the present applicant made sexual relationship with the prosecutrix on the pretext of marriage. On the said report of the father of the prosecutrix, the police of police station Podi, District M.C.B. registered the offence punishable under Sections 363, 366, 376 of IPC and and Section 04 of the Protection of Children from Sexual Offences, Act, 2012 against the applicant. Thereafter, on the basis of the aforesaid report, the police arrested the present accused/applicant on 21/01/2024. 4. The present applicant had preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the J.J. Act, 2015) for his release on bail before the J.J. Board, Baikunthpur, District Koriya, C.G. which was rejected and against the said order the applicant preferred a criminal appeal under Section 101 of the J.J. Act, 2015 which too has been rejected. Hence this Reivision. 5. Learned counsel for the applicant would submit that the victim/girl and the applicant they had developed love relation. He would next contend that both of them eloped and the Social Investigation Report also suggests that the applicant and victim without informing anyone went together and they were in love relation with each other, therefore, the applicant who is in captivity since 21/01/2024, may be released on bail. 3 6. Per contra, learned State counsel opposes the prayer for grant of bail. 7. Perused the Social Investigation Report, wherefrom it appears that both of them were in love relation and she herself had joined the company of the applicant, went along with him. Section 12 of the J.J. Act, 2015 which provides for bail to a person who is apparently a child alleged to be in conflict with law. Section 12 of the J.J. Act, 2015 is reproduced hereinbelow:- 12. Bail to a person who is apparently a child alleged to be in conflict with law. (1) When any person, who is apparently a child and is alleged to have committed a abailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, 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: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in- charge of the police station, such officer shall cause the person to be kept only in an observation home1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub- section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry 4 regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 8. The victim appeared before this Court and raised no objection in releasing the applicant on bail. 9. Considering the no objection given by the victim and also considering the social investigation report which shows that the applicant and victim are in love relation with each and they on their own went together and also considering the provisions of Section 12 of the J.J. Act, 2015, I am inclined to allow this revision and release the applicant on bail. 10.Consequently, the revision is allowed and order 04/07/2024 passed by the Special Judge (Under POCSO) Act, Chirmiri, District Koriya (Now M.C.B.) in Criminal Appeal No.66/2024 and order dated 16.05.2024 passed in Criminal Case No.14/2024 are set aside. It is directed that the applicant shall be released on bail on furnishing a surety of Rs.10,000/- which is to be of his father to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed. SD/- Arvind Kumar Verma Judge Ashu