1 2025:CGHC:52807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1191 of 2025 1 - Xyz Nil ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station, Dharsinwa, District- Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Ritika Verma, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 29/10/2025 The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') read with Section 438 and 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 assailing the order dated 08.09.2025 passed by the Aditional Sessions Judge, Additional Charge, Fast Track Court, 2 Raipur, District Raipur (CG) in Criminal Appeal No. 82/2024 affirming the order dated 14.08.2025 passed by the Principal Judge, Juvenile Justice Board, Mana Camp, Raipur (CG) in Crime No. 332/2025 (Criminal Case NO. 452/2025) whereby the application filed by the applicant under Section 12 of the Juvenile Justice Act, 2015, seeking release on bail was rejected. 2. This is the revision petition filed by the accused, who is juvenile. The brief facts necessary for adjudication of the present case are that the applicant, who is a juvenile in conflict with law, is being prosecuted for the offences punishable under Section 65(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It is the case of prosecution hat the prosecutrix, a student of Village Pandarbhata School came into acquaintance with the said child-juvenile in conflict with law, who frequently met and conversed with her on the way to school. On 04.04.2025, he took the prosecutrix tot he riverside near the village and committed forcible sexual intercourse against her will. Again on 28.06.2025, he repeated the same act at the same place. The prosecutrix was aged about 14 years and 7 months and they were having love affair. Thereafter she informed about the incident to her mother and on the complaint lodged by the mother of the prosecutrix, Crime No. 332/2025 was registered at police station Dharsinwa, District Raipur. The applicant was apprehended on 13.07.2025 and is in the Observation Home since then. The juvenile filed an application under 3 Section 12 of the Juvenile Justice Act for grant of bail, which was dismissed by the Juvenile Justice Board vide order dated 08.09.2025. Against the said dismissal, an appeal was preferred, which was also dismissed by the impugned order. Hence, this revision. 3. Learned counsel for the applicant submits that in the present case, the Juvenile Justice Board as well as the Appellate Court have completely ignored to consider the statutory scheme of Section 12 of the Act of 2015 which itself is pari materia of Section 12 of the Act of 2000 while considering the application for grant of bail under Section 12 of the Act of 2015. She submits that there is nothing on record to indicate that the release of the applicant is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. He further submits that the applicant has been falsely implicated in the present case. The applicant has remained in custody for a considerable period and no material has been placed by the prosecution to show any such likelihood. Orders passed by both the Courts below are improper and contrary to the law. He further submits that in view of provision contained in Section 12 of the Juvenile Justice Act, the applicant deserves to be released on bail. The applicant is in custody 12.04.2024 and therefore, he may be extended benefit of bail. 4. Counsel for the State submits that the orders passed by the two Courts being fully justified and in accordance with the provisions of Section 12 of the Act do not warrant any interference and the instant 4 revision deserves to be dismissed. 5. Parents of the victim appeared through concerned DLSA by VC and have raised objection. 6. Heard learned counsel for the parties and perused the material available on record. 7. On perusal of the record including the social status report, which is in favour of the applicant, I do not find any reasonable ground having been brought before the Juvenile Justice Board or the Police Authorities in respect of the so called threat of the juvenile getting exposed to moral, physical or psychological danger or coming in the company of known criminal. 8. In view of above consideration, the impugned order dated 12.08.2024 could not be sustained and is therefore, set aside. The application under Section 12 of the Act of 2015 is allowed. The applicant shall be released on bail forthwith on furnishing a personal bond in the sum of Rs. 25,000/-, by the parents or guardians of the applicant, as the case may be, to the satisfaction of the Juvenile Justice Board for his appearance before the Board, as and when directed. 9. The revision is accordingly allowed. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.01 16:21:50 +0530