1 / 4 2025:CGHC:56347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1349 of 2025 XYZ ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Takhatpur, Distt. Bilaspur (C.G.) ... Respondent For Applicant : Mr. Shashikant Chauhan, Advocate For State : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 19/11/2025 1. This revision is against the judgment dated 09/10/2025 passed by the Additional Sessions Judge (F.T.C.) and Children Court Bilaspur, C.G. in Criminal Appeal No.237/2025 whereby the order dated 18/09/2025 passed in Crime No.486/2025 passed by the Juvenile Justice Board rejecting the application for bail of the petitioner was affirmed. 2. As per the case of the prosecution, complainant lodged a report before the concerned Police Station Takhatpur alleging therein that on the date ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.19 17:43:50 +0530 2 / 4 of incident some dispute occurred between the deceased and the accused regarding previous enmity and the accused persons assaulted the deceased by way of a knife whereby the deceased received grevious injuries and he succumed to the injuries. 3. Thereafter, on the basis of the report lodged by the complainant a case was registered under Sections 103, 238, 61 (2), 191 (2), 190 of B.N.S. against the accused persons and the petitioner was arrested and produced before the Juvenile Justice Board wherefrom he was sent to the observation home. The present applicant had preferred an application under 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 which was rejected and against the said order the applicant preferred a criminal appeal under the J.J. Act, 2015 which too has been rejected. Hence this Revision. 4. Learned counsel for the applicant would submit that the applicant has not played any role in the crime in question and he was not present on the spot at the time of incident and only on the basis of suspicion of his mobile and further on the basis of the memorandum statement of the co- accused he has been implicated. He would next contend that the social investigation report is also in favour of the applicant and the trial court has passed the order against the provisions of J.J. Act, 2000, therefore, the applicant who is in captivity since 01/09/2025, may be released on bail. 5. Per contra, learned State counsel opposes the prayer for grant of bail. 3 / 4 6. Perused the Social Investigation Report, wherefrom it appears that that this is the first offence of the applicant and the behaviour of the applicant is also good. 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 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. 4 / 4 7. Considering the social investigation report which favours the applicant and the role played by the applicant as he used only hand and fists and the name of the applicant is not present in the FIR and the charge-sheet could not be filed till date and 80 days time period has already elapsed 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. 8. Consequently, the revision is allowed and order 09/10/2025 passed by Additional Sessions Judge (F.T.C.) and Children Court Bilaspur, C.G. in Criminal Appeal No.237/2025 and order dated 18/09/2025 passed in Crime No.486/2025 passed by the Juvenile Justice Board 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 guardian to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed. SD/- (Arvind Kumar Verma) JUDGE ashu