1 2025:CGHC:52007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1200 of 2025 ABC S/o EFG R/o XYZ Thorugh His Guardian EFG R/o XYZ. …..Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Birra, Distt- Janjgir-Champa C.G. ---- Respondent For Applicant : Mr. Aishwarya Dubey, Advocate For Non-applicant : Mr. Kalpesh Ruparel, P.L. SB: Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 17/10/2025 1. This revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015') is filed against the order dated 04.09.2025, passed by learned Additional Sessions Judge, F.T.S.C. (POCSO), Janjgir-District – Janjgir-Champa (C.G.) in Criminal Appeal No.114/2025 filed against the order dated 20.08.2025 passed by the Juvenile Justice Board, Janjgir, District – Janjgir-Champa (for short 'the Board') by which application for grant of bail to applicant in connection with Crime No.51/2025 registered at Police Station Birra, District Janjgir-Champa for the offences under Section 296, 351 (2), 115 (2), 109, 126 (3), 103 (1), 103(2), 49, 190, 191 (2), 191(3) and 3 (5) of BNS, 2012 was rejected. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.10.17 18:09:31 +0530 2 2. Case of prosecution, in brief, is that complainant – Govind Narayan Kashyap lodged a report at Police Station Birra, alleging that on 10.05.2025, he was informed by Ramshankar Kashyap that his younger brother, Devi Prasad Kashyap, while returning home, was stopped on the way by the accused—Sanjy Kashyap, Rameshwar Kashyap, Dujram Kashyap, and the present applicant, due to previous animosity. It is further alleged that they abused him and, with the intention to kill, assaulted Devi Prasad Kashyap with fists, as well as with an iron rod and a wooden stick. As a result of the assault by the accused persons, his brother Devi Prasad Kashyap sustained serious injuries, became unconscious, and was subsequently admitted to the hospital and thereafter died. Based on the report lodged, aforementioned offences were registered against applicant and other co-accused persons. Applicant was taken into custody on 11.05.2025. Applicant filed bail application under Section 12 of the Act of 2015 before the Juvenile Justice Board which came to be dismissed vide order dated 20.08.2025 against which criminal appeal was filed and the same was also dismissed vide order impugned. 3. Learned counsel for the applicant submits that the applicant who is juvenile in conflict with law is innocent and has been falsely implicated in this case. He further contented that allegation of assault is against other co-accused persons and applicant has only accompanied the other accused persons. Applicant was only inculpated in the offence as he was accompanied with the other accused persons. The allegation of assault by iron road and wooden stick are against other co-accused persons and nothing incriminating article has been seized from the possession of applicant. Applicant is a student presently 3 pursuing his studies in Class- 12th. The learned Court below have dismissed the bail application only looking to the gravity of the offence as also his release would expose him to moral, physical, or psychological danger and his release will defeat the ends of justice. He submits 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. The Board as well as appellate Court have not properly appreciated the contents of the social investigation report and have passed impugned order 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 11.05.2025 and further custody of applicant in the observation home may adversely affect his mental status and may ruin his future. Hence, applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposing the submissions of learned counsel for applicant, would submit that release of applicant is likely to expose him to moral or psychological danger and as such, his bail application has rightly been rejected by the Board and the Court below. Hence, present criminal revision filed on behalf of juvenile be dismissed. 5. Pursuant to notice issued by this Court, wife of victim appeared before this Court through virtual mode and raised objection in grant of bail. 4 6. I have heard learned counsel for both sides and perused the documents filed along with criminal revision as also social investigation report placed before this Court by State counsel. 7. 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 5 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.” 8. A bare reading of above quoted provision would show that a juvenile in conflict with law shall be released on bail, notwithstanding anything contained 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. 9. Social investigation report of applicant/juvenile, which was submitted before the Board, is available in the case diary. In the social investigation report of applicant it is recorded that relations of applicant with his family members, with his friends and neighbourers is friendly/cordial. Perusal of social investigation report further shows that juvenile in conflict with law is presently pursing his studies in Class- 12th. Applicant is not addicted to any kind of intoxicants. He is interested in reading books and watching films. It is also mentioned in the report that mental and physical condition of juvenile is good. No criminal antecedent of applicant is shown. His company is not shown with any criminals. Nothing adverse has been reported in respect of 6 habit of applicant or that release of applicant would expose him to physical, psychological or moral danger or he would come in association of known criminals. The report further indicates that the cause of the incident was the previous enmity between the family members of the applicant and deceased. It further mentions that the child in conflict with law is in need of the care and protection of the family. 10. Perusal of the impugned order reveals that the reason for denying concession of bail to the applicant is the gravity of offence and apprehension that his release would expose him to moral, physical, or psychological danger, and his release will defeat the ends of justice. However, the Court below has not mentioned in the impugned order as to what was the basis for recording a finding that moral, physical and psychological danger is possible to the applicant. There is no discussion of this aspect in the impugned order. In absence of any justification there is failure of the Courts below, to take into consideration the exceptions given under Section 12 of the Act of 2015 on which bail can be denied to a juvenile. For the above discussions I am of the considered view that learned Court below and Juvenile Justice Board erred in rejecting the appeal seeking bail. 11. Therefore, this criminal revision is allowed and the impugned order passed by the appellate Court is hereby set-aside. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by his father, with one surety in the like sum to the satisfaction of the concerned Juvenile Justice Board, the custody of applicant shall be given to his father. It shall be duty of the father of applicant to produce him before 7 the Justice Board as and when directed. He shall take proper care of the applicant and will not allow him to fall into association of any person of criminal background. He shall ensure that the applicant will not repeat the offence of like nature in future. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram