1 2025:CGHC:56138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1274 of 2025 ABC ... Applicant versus State Of Chhattisgarh Through District Magistrate Surajpur, District : Surajpur, Chhattisgarh ... Respondent For Applicant : Mr. Sanjay Yadav, Advocate For State-Respondent : Ms. Sunita Manikpuri, Dy. GA Hon’ble Shri Justice Arvind Kumar Verma Order on Board 18/11/2025 1. This criminal revision has been preferred by the Juvenile-ABC under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved with the impugned order dated 09.09.2025 (Annexure A/1) passed in Criminal Appeal No.22/2025, passed by the District and Additional Sessions Judge, Fast Track Special Court, Surajpur, District Surajpur (C.G.) arising out of order dated 20.08.2025 passed by the Juvenile Justice Board, Surajpur, District Surajpur 2 (C.G.), whereby the bail application of the Juvenile-ABC has been dismissed. 2. Brief facts of this case are that on 06.06.2025 the prosecutrix along with going hospital for some treatment during treatment the doctor has examine the procecutrix then procecutrix says on date 01.06.2025 applicant committed rape thereafter police has lodged FIR U/S 65(2), 66 of B.N.S & Sections of 4, 5 of POCSO Act against the applicant. Since the application under Section 12 of the Juvenile Justice (Care and Protection Act was dismissed by the Juvenile Board, Surajpur on 20.08.2025, thereafter the appeal was filed by the applicant before the District & Upper Session Judge, Fast Track Special Judge Surajpur, Distt. Surajpur. which was also illegally and improperly dismissed. Hence, this revision. 3. Learned counsel for the applicant contended that the impugned order is contrary to the facts, law and circumstances of this case. The applicant is in judicial custody since 07.06.2025 and since on being applied for grant of bail before the Juvenile Justice Board and no adverse report was filed by the Probation Officer and despite the fact that the applicant is aged about 17 years and since the applicant also hopes and believes that the prosecution would not be able to establish and prove the case against the present applicant for the said offence and taking into consideration of this fact that the applicant is in judicial custody and since it will take sufficient time for the trial to come an end, the Court may consider to allow the revision and be pleased to make 3 an order to release the applicant on bail during the course of trial. He further contended that the guardian of applicant is prepared to furnish adequate surety for the appearance of the applicant during the course of trial and it is also submitted that the applicant will not found to have been indulged in any offence and the presumption on which the appellate court has dismissed the appeal and therefore this court may be taken into consideration while disposing of revision. The probation officer has submitted no adverse report of applicant before Juvenile Board, and the character of applicant is good. It is, therefore, prayed that, the impugned order passed by the Court below may kindly be set aside and the application filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 may kindly be allowed and the applicant/juvenile- ABC may kindly be released on bail, in the larger interest of justice. 4. Learned State Counsel opposes the submission made by learned counsel for the applicant/juvenile-ABC and submits that the social status report of the applicant is adverse, hence, he may not be released on bail. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. In compliance of order dated 17.10.2025, parents of the deceased-victim appeared before this Court through video conferencing from the DLSA – Surajpur. On being asked, they raised objection for grant of bail to the juvenile-applicant. 4 7. Considering the facts and circumstances of the case and submission made by learned counsel for the parties. Perusal of the documents would show that it is a case of rape. Further, on perusal of the social status report of the applicant, it reveals that the applicant used to watch obscene movies and videos on the media on mobile phone from time to time, which was having a negative impact on the child's mind. Further, it has been expressed by them that the applicant was already acquainted with the minor complainant/deceased and as a result of the wrongdoing by taking her to the forest, she fell seriously ill and died during treatment. In such a situation, if the juvenile-applicant in conflict with law is released on bail, there is a strong possibility that he may again commit a heinous crime like rape after watching obscene videos etc. on the mobile phone with his friends, due to which his future will be endangered morally, physically or psychologically and the purpose of justice will also be defeated. 8. Therefore, considering the entire facts & circumstances of the case and looking to the gravity of offence which is of commission of rape. Therefore, considering the fact that the way the offence has been committed which is of a serious in nature. Further considering the fact that at the time of incident, age of the victim girl was 12 years while the applicant was about 17 years, it shows that if the applicant is released on bail, he may again commit any heinous offence, as it has been mentioned in the social investigation report that the applicant has given up his studies. Therefore, considering all these circumstances giving bail to the juvenile-applicant would be a miscarriage of justice. 5 9. In view of the above circumstances, I am not inclined to interfere with the orders passed by both the Courts below and release the revisioner/juvenile-applicant on bail. 10. Accordingly, the instant revision of the applicant filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is rejected. 11. Consequently, the present CRR stands disposed of. 12. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, if there is no legal impediment. Sd/- (Arvind Kumar Verma) Judge Vasant