1 / 4 2025:CGHC:54708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1120 of 2025 ABC (Juvenile In Conflict With Law) (Description Of Applicant And The Name Of Legal Guardian Is In Closed Envelope) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station Khadgawan District - Manendragarh - Chirmiri- Bharatpur (C.G.) ... Respondent For Applicant : Mr. Anil Gulati, Advocate For State : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/11/2025 1. This revision is against the judgment dated 08/08/2025 passed by the Special Judge (Under POCSO Act), Chirmiri, District Koriya, C.G. in Criminal Appeal No.43/2025 whereby the order dated 03/07/2025 passed in Crime No.124/2025 passed by the Juvenile Justice Board rejecting the application for bail of the petitioner was affirmed. 2. As per the case of the prosecution, on 06/06/2025 an FIR was lodged by the victim alleging that the applicant on the pretext of marriage abducted ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.10 18:38:39 +0530 2 / 4 her on 04/09/2024 and established physical relationship with her and thereafter he continued the same and many times committed sexual intercourse with the prosecutrix on the pretext of marriage and lastly on 23/02/2025 when the applicant established physical relationship with the prosecutrix, on account of that the prosecutrix got pregnant. Thereafter, the prosecutrix disclosed about the same to the relatives upon which the FIR was lodged against the applicant. 3. Thereafter, on the basis of the report lodged by the victim 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 Section 12 of 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 Section 101 of the J.J. Act, 2015 which too has been rejected. Hence this Revision. 4. Learned counsel for the applicant would submit that the age of the victim is 15 years and age of the child in conflict with law is also 15 years and there was love affair between both of them. He would next contend that the J.J. Board has failed to consider the mandate of Section 12 of the J.J. Act and the social investigation report is also in favour of the applicant, therefore, the applicant who is in captivity since 07/06/2025, 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 both of them were in love relation and both of them were in talking terms with each other over mobile phone. 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. On 25/09/2025 pursuant to the order dated 11/09/2025 the mother of the victim appeared through virtual mode from DLSA, Chirmiri-Bharatpur and submitted that she has no objection if bail is granted to the applicant. 8. Considering the social investigation report which shows that the applicant and victim are in love relation with each and they used to talk over mobile phone and also considering the provisions of Section 12 of the J.J. Act, 2015 and the no objection of the mother of the prosecutrix, I am inclined to allow this revision and release the applicant on bail. 9. Consequently, the revision is allowed and order 08/08/2025 passed by the Special Judge (Under POCSO Act), Chirmiri, District Koriya, C.G.in Criminal Appeal No.43/2025 and order dated 03/07/2025 passed in Crime No.124/2025 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