1 2026:CGHC:6754 HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 3 of 2026 Abc ( Juvenile Conflict With Law) Nil ... Petitioner versus State of Chhattisgarh Through Station House Officer Police Station - Pamgarh, District Janjgir-Champa, Chhattisgarh ... Respondent For the Petitioner(s) : Mr. Rohan Sharma, Advocate For Respondent(s) : Miss Sunita Manikpuri, Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06/02/ 2026 1. The present Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been preferred against the impugned order dated 12.11.2025 passed by the Court of Additional Sessions Judge (FTSC) (POCSO) Janjgir, District Janjgir Champa, in Criminal Appeal No. 162/2025 upholding the order dated 30.10.2025 passed by the learned Principal Magistrate Juvenile Justice Board, Janjgir (C.G.) whereby the bail application of the applicant relating to Crime No.380/2025 registered at P.S. Janjgir, for the offence u/s 137(2, 87, 64, 64(2)(m), 65(1) of BNS and Sections 4 & 6 of the of the POCSO Act, has been rejected. 2. (i) As per the prosecution case, a complaint was lodged by the ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.07 16:08:06 +0530 2 mother of victim stating that on 24.08.2025 her minor daughter was allured and abducted by the juvenile applicant on the pretext of marriage and committed forcible sexual intercourse with her without her consent. On such report, crime was registered and the Juvenile applicant was produced before the Juvenile Justice Board from where he was sent to child welfare home, Korba. (ii) The applicant had filed application u/s 12 of the Juvenile Justice Act which has been rejected by the Juvenile Justice Board, against which, he had filed appeal. The appellate Court has rejected the appeal and affirmed the order passed by the Juvenile Justice Board. Hence this appeal. 3. Learned counsel for the applicant placed reliance on a decision of the Supreme Court rendered in case of Juvenile in conflict with law Versus The State of Rajasthan decided on 14th August, 2024 and submits that both the courts below have not properly considered the essential ingredients of Section 12 of the Juvenile Justice Act and in a mechanical manner rejected the bail of the juvenile. He further submits that the Social Investigation Report shows that there are no criminal antecedents against the applicant or his family and his conduct is reported to be good, therefore, it does not show any negative result for release of the applicant. He next submits that there is no likelihood that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger and it supports the release of the applicant. He lastly submits that the applicant is in jail since 28.08.2025 and trial is likely to take time, therefore, considering the provisions of Section 12 of the Act, the appellant may be released on bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the juvenile applicant had taken away the minor girl of 15-16 years of age from the lawful custody of her parents and committed forcible sexual intercourse. 5. The victim along-with her mother and grand father have appeared through VC from the concerned DLSA and the mother has raised objection to grant bail. . 3 6. I have heard learned counsel both the parties and perused the material available on record. 7. In this case, the bail application of the juvenile was rejected by the Juvenile Justice Board observing that the child needs proper guidance and protection and hence, in the best interest of juvenile, he should be sent to child protection home. The Appellate Court has also observed that the juvenile applicant is accused of committing rape with the minor girl of below 16 years of age and his release on bail is likely to expose him to moral, physical and psychological danger and defeat the ends of justice and thus rejected the appeal. 8. Section 12 of the Act, 2015 makes it absolutely clear that a child alleged to be in conflict with law should 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. The only embargo created is that in case the release of the child is likely to bring him into association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied. 9. Perusal of the Social Investigation Report (SIR) shows that love affairs between the victim and applicant is the main reason for committing crime and there was no previous record of criminal antecedents against the applicant and the juvenile has studied upto 10th Class and then dropped his studies. The SIR further shows that on enquiry from neighbors of the applicant’s parents and from the Incharge of Govt. Child Protection Home (boys) where the juvenile is kept for observation, the conduct of juvenile is found to be good. 10. On perusal of the record especially the social investigation report which shows that there is no adverse impact for the release of the applicant, 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 psychological danger or come in the company of known criminal. 4 11. In view of above discussion, the impugned order dated 12.11.2025 passed by the appellate court and the order of Juvenile Justice Board, Janjgir dated 30.10.2025 cannot be allowed to sustain and are set aside. The application u/s 12 of the Act of 2015 is allowed. The applicant shall 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. 12. The revision is accordingly allowed. Sd/- (Sanjay Kumar Jaiswal) Judge Rao