1 2025:CGHC:3619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1446 of 2024 1 - Xyz Nil ----Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Kotwali District - Korga (C.G.) ----Respondent For Applicant : Mr. Ram Sajiwan, Advocate For State : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 21/01/2025 1. The present Criminal Revision is heard finally with the consent of the parties. 2. The applicant has filed the present Criminal Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the impugned judgment dated 21.11.2024 passed by the Learned Additional Session Judge (FTSC) Special Court (POCSO), Jagdalpur in Criminal Appeal No. 39/2024 whereby the learned Court below dismissed the bail application as well as appeal filed by the applicant. 2 3. Today, Victim along with Guardian of the victim appeared through DLSA Korba and they raised their objection in granting bail to the applicant. 4. Brief facts of the case is that as per the prosecution case, the present applicant is minor and knowing the fact that the prosecutrix was also a minor, he is said to have taken the prosecutrix to different place and there he is said to have on the pretext of marriage had a physical relationship with her and due to which she became pregnant. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 27.09.2024. 5. It has been argued by the learned counsel for the applicant that that there was an affair between the present applicant and the prosecutrix and she had voluntarily gone along with the present applicant in different places and she was a consenting party and she had established sexual relationship with the applicant on her own will. 6. He further contended that the applicant is aged about 16 years and is a student and has served more than three and a half months in jail and if the minor appellant is not granted bail, then his future will be adversely effected. The applicant is in jail since 08.04.2023, hence he prays that the applicant be enlarged on bail. 7. Learned State counsel opposes the prayer for grant of bail to the present applicant. 3 8. I have heard learned counsel appearing for the parties and perused the record. 9. Taking into consideration the facts and circumstances of the case and the fact that it appears that there was love affair between them and she voluntarily accompanied with the applicant and established consensual relationship with him and considering the fact that the applicant who is young boy of 16 years, is in observation home since 27.09.2024 and considering the provisions of Section 12 of the Act of 2015, and in the report of the Probation OfÏcer, there is nothing against the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case from the concerned Juvenile Justice Board. 10.In view of the above, the present Criminal Revision is allowed and the judgment dated 21.11.2024 is hereby set aside and it is directed that the applicant shall be released on bail upon furnishing a personal bond by his natural guardian, in the sum of Rs. 10,000/-, with one surety in the like sum to the satisfaction of the Juvenile Justice Board concerned, with an undertaking of his parents that he will take care of the applicant. The applicant shall appear before the Board concerned as and when directed. 11.The Criminal Revision is allowed. Sd/- (Arvind Kumar Verma) Judge Jyoti Digitally signed by JYOTI JHA Date: 2025.01.31 10:56:55 +0530