1 / 5 2025:CGHC:45055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1088 of 2025 • ABC (Juvenile in conflict with law) ... Applicants versus • State of Chhattisgarh Through District Magistrate (Police Station-Hasaud), District Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Mr. Ashutosh Shukla, Advocate For Respondent-State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/09/2025 1. This criminal revision is filed under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 challenging the impugned judgment dated 21.07.2025 passed by learned Additional Sessions Judge (F.T.C.), Janjgir, District Janjgir-Champa in Criminal Appeal No. 92/2025, arising out of order dated 10.07.2025 passed by learned Principal Magistrate, Juvenile Justice Board, Janjgir-Champa (for short 'the Board') by which application for grant of bail to applicant in connection with Crime No. 113/2025 registered at Police Station – Hasuad, District Janjgir-Champa for offence under Section 109, 3(5) and 103(1) of B.N.S. has been rejected. 2. Case of prosecution, in brief, is that on 18.06.2025, Chitram Manhar was lying on the roof of his house when the applicant, child in conflict with law, and his friend came there. They beat him and pushed him down from the roof PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 5 The incident was reported to Police Station Hasaud by Chitram’s wife, Kelhi Bai. Based on her report, the police registered a case and started investigation. During this time, the children in conflict with law were taken into custody. Chitram later died due to the injuries he sustained. After his death, Section 103(1) of the BNS was added to the case. During inquiry, interrogation, the child in conflict with law admitted his role in the incident in his memorandum statement. On 09.07.2025, he was produced before the Juvenile Justice Board at Janjgir, from where he was sent to the Child Observation Home, Korba. Applicant filed under Section 12 of the Juvenile Justice Act, 2015, has been rejected by the Board. 3. Learned counsel for applicant submits that the applicant is a juvenile, he has not committed any offence as alleged against him in the charge-sheet. It is submitted that learned Courts below have dismissed the bail application only on the ground that there is possibility that after release on bail, applicant may repeat this type of act. He submitted that there is nothing on record to show that if juvenile is released on bail, his release is likely to bring him into association with any known criminal, or expose him to moral, physical, or psychological danger, or that his release will defeat the ends of justice. However, the Board as well as appellate Court have not properly appreciated the facts of the case and have passed impugned orders in a cursory manner without considering the object of the law enacted for the benefit of a Juvenile and have refused to release the applicant on bail. Applicant is in observation home since 09.07.2025 and further custody of applicant in the observation home will ruin his future. Hence, applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant. He submits that applicant has actively participated in commission of offence, which shows his deprivation of mind. He further submits that release of applicant is likely to expose him to moral or psychological danger and as such, his bail application has rightly been 3 / 5 rejected by the Board and the Court below. Hence, present criminal revision filed on behalf of juvenile be dismissed. 5. I have heard learned counsel for the parties and perused the documents filed along with criminal revision. 6. The provision of bail for juvenile is provided under Section 12 of the Act of 2015 which reads as under: “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 bailable 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 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 person’s 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 incharge of the police station, such officer shall cause the person to be kept only in an observation home [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 regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfill 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.” 7. A bare reading of above quoted provision would show that a juvenile in conflict with law shall be released on bail, notwithstanding anything contained 4 / 5 in the Code of Criminal Procedure or in any other law for the time being in force, except in three contingencies specified under Section 12 (1) of the Act of 2015 itself. These three situations are: (i) if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal; (ii) the release will expose the juvenile to moral, physical or psychological danger and; (iii) his release would defeat the ends of justice. 8. The report of Probation Officer is placed for perusal of this Court. Perusal of the Social Investigation Report would show that the same is favourable to juvenile. The report is marked in a positive manner and it has been shown that the applicant generally maintain discipline, his conduct and behavior with his family members and others is cordial and friendly. He is studying in 9th Class. Applicant is not addicted to any kind of intoxicants. He does not have any criminal antecedent, conduct and behavior of applicant in the observation home is good. Nothing adverse has been reported in respect of juvenile or that his release would expose him to physical, psychological or moral danger or he would come in association of known criminals. 9. Looking to the case on parameters on which the right to bail can otherwise be denied to a juvenile, there is nothing on record either in the Social Investigation Report or otherwise that the applicant has any kind of criminal history or that of his family have a history with crime or any circumstance to show that there are reasonable grounds to believe that in case of release on bail, there is likelihood of the juvenile coming into association with any known criminal. There is nothing on record to show that releasing the juvenile would expose him to any kind of moral, physical or psychological danger or release of applicant on bail would defeat the ends of justice. 10. Thus, taking into consideration facts and circumstances, submission of learned counsel for the respective parties, social investigation report of the 5 / 5 applicant, period of detention of applicant since 09.07.2025, I am inclined to enlarge the applicant (juvenile) on regular bail. 11. Accordingly, this criminal revision is allowed and the impugned order as passed by the appellate court and the Board are hereby set aside. It is directed that on furnishing a personal bond in the sum of ₹ 25,000/- by his parents/ guardian, with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board, custody of applicant shall be given to his parents/ guardian. It shall be duty of the parents/ guardian of applicant to produce him before the Justice Board as and when directed. He/ she shall take proper care of the applicant and will not allow him to fall into association of any person of criminal background. He/she shall ensure that the applicant will not repeat the offence of like nature in future. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE