Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:12685
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 309 of 2026 XYZ (Juvenile in Conflict With Law) (Description of Applicant and Legal Guardian is in closed envelope)
... Petitioner versus State of Chhattisgarh through the District Magistrate, Janjgir, District- Janjgir-Champa (C.G.)
... Respondent For the petitioner : Mr. Vivek Singhal, Advocate For the State : Ms. Soniya Kuldeep, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/03/2026
1. The present revision has been preferred by the juvenile applicant under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') against the order dated 31.12.2025 passed by the learned Additional Sessions Judge (POCSO), Janjgir District Janjgir Champa in Criminal Appeal Case No. 184/2025 whereby the the appellate Court affirmed the order dt. 11.12.2025 rejecting the bail of juvenile passed by the Principal Magistrate Juvenile Justice Board, Janjgir in Criminal Case No.395/2025 and rejected the appeal. 2. The prosecution story, in brief, is that on 07.10.2025 at about 8.00 ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.18 10:25:27 +0530
2 a.m., the mother of victim left her daughter in the School and when her daughter did not return home, the father of victim lodged a complaint on 09.10.2025, on which, FIR was registered. During investigation, the police has recovered the girl from the custody of the present applicant. On the basis of statement of victim, the police registered the crime and the applicant was arrested. 3. Learned counsel for the applicant submits that on the date of incident, the present applicant was juvenile aged about 17 years and the victim girl is also equally aged about 16-17 years; she has voluntarily accompanied the applicant and she was consenting party. He contends that 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. He further submits that the applicant has no criminal background and courts below have failed to appreciate that the social status report is not against the applicant. He submits that the applicant is in Jail since 16.10.2025 and by now he has completed more than 5 months in custody. There are total 23 witnesses in this case and there is no immediate possibility of disposal of the case.
He prays that in view of provision contained in Section 12 of the Juvenile Justice Act and the positive suggestions made by Special Investigation Report, the applicant deserves to be released on bail. 4. Counsel for the State submits that the orders passed by the two Courts below being fully justified and in accordance with the provisions of Section 12 of the Act do not warrant any interference and the instant revision deserves to be dismissed. He further submits that the social investigation report shows that the applicant has left the studies. 5. The victim along with her mother appears in person before this Court and raised objection to grant bail. 6. I have heard learned counsel both the parties and perused the material available on record. On perusal of the record 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
3 psychological danger or come in the company of known criminal. 7. Further, the Social Investigation Report (SIR) shows that there is no previous criminal record against the applicant or his family. The victim girl and the juvenile applicant are resident of the same village; both are in equal teen age and they fell in love with each other and when such love affairs came to the knowledge of girl parents, they have filed the complaint against the juvenile. The SIR further shows that the juvenile has studied upto 9th class and left the further studies. The said report is not against the release of the applicant. 8.
Considering the submissions made by learned counsel for the parties and the overall facts situation of the case and further looking to the Social Investigation Report, I am inclined to allow application u/s 12 of the Act of 2015 and set aside the impugned orders dated 31.12.2025 and 11.12.2025 passed by the Appellate Court and the Juvenile Justice Board respectively. 9. Accordingly the impugned orders are set aside and the juvenile applicant is directed to 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. 10. In the result, the revision is accordingly allowed. Sd/- (Sanjay Kumar Jaiswal) Judge Rao