1 CGHC010193932026 2026:CGHC:28246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 678 of 2026 XYX. ... Applicant versus State of Chhattisgarh Through Station House Officer, Ambikapur, District Surguja (C.G.) ... Respondent For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.07.2026 1. This criminal revision is filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 07.05.2026 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Surguja, Ambikapur (C.G.), in Criminal Appeal No. 46/2026, whereby the appeal preferred by the present applicant has been dismissed. 2. According to the prosecution case, in brief, the complainant, Avinash Rai, lodged a report stating that on 24.11.2025 at about 9:50 p.m., while he was present with his friends, Sahil Sahu and Adarsh Sahu, the present applicant, along with the other accused persons, arrived at the spot, abused them, and assaulted them with hands, feet, and a key. It is further alleged that the applicant and the co-accused attacked Adarsh Sahu with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.09 11:59:51 +0530 2 a knife. Thereafter, the injured Adarsh Sahu was taken to the hospital by the complainant and Sahil Sahu for medical treatment. On the basis of the said report, the present applicant was implicated in the case and was subsequently arrested on 10.12.2025. 3. The order dated 17.04.2026 passed by the learned Juvenile Justice Board was challenged by the applicant by filing an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act before the Court of the learned Chief Judicial Magistrate, Ambikapur, District Surguja (C.G.). The said appeal was registered as Criminal Appeal No. 48/2026. However, by order dated 07.05.2026, the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Surguja, Ambikapur (C.G.), dismissed the appeal without properly examining the facts of the case. 4. The impugned judgment dated 07.05.2026 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Surguja, Ambikapur (C.G.), has been passed without properly appreciating the facts of the case and without considering the provisions of the Juvenile Justice (Care and Protection of Children) Act. Hence, the present revision. 5. Learned counsel for the applicant submits that the learned appellate Court has failed to properly appreciate the facts of the case and the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act. He submits that the impugned judgment/order dated 07.05.2026 passed by the learned appellate Court suffers from both factual and legal infirmities. He further submits that the Courts below have erroneously appreciated the evidence and have failed to properly consider the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act. He further submits that the complainant has 3 filed an affidavit before the learned trial Court stating that he has no objection if the applicant is released on bail. He also submits that the co- accused, namely, Ajmat Khan, has already been granted bail by this Court in connection with the same crime number vide order dated 17.03.2026 passed in MCRC No. 1490 of 2026. He further submits that, although the applicant is stated to have 17 criminal antecedents, only 11 cases pertaining to the applicant have been traced, out of which he has already been acquitted in 09 cases, 01 case has been disposed of, and only 01 case is still pending. An affidavit in this regard has also been annexed with the present petition. It is also submitted that the applicant has been in custody since 10.12.2025 and that the conclusion of the trial is likely to take considerable time. Therefore, he prays that the applicant be released on bail. 6. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the records. 8. Upon perusal of the record, it appears that the applicant is a juvenile and is languishing in jail since 10.12.2025. Further, though the applicant is stated to have 17 criminal antecedents, only 11 cases pertaining to him have been traced, out of which he has already been acquitted in 09 cases, 01 case has been disposed of, and only 01 case is still pending. An affidavit in this regard has also been annexed with the present revision. Moreover, the fact that the co-accused, namely, Ajmat Khan, has already been granted bail by this Court in connection with the same crime number vide order dated 17.03.2026 passed in MCRC No. 1490 of 2026. Considering the aforesaid facts and circumstances, particularly the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, this Court is inclined to allow the present criminal revision. 4 9. Consequently, criminal revision is allowed. The judgment dated 07.05.2026 passed by learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Surguja, Ambikapur (C.G.), in Criminal Appeal No. 46/2026 and order dated 17.04.2026 passed by the learned Principal Judge, Juvenile Justice Board, Ambikapur, District - Surguja (C.G.) in Criminal Case No. 48/2026 are set aside. It is directed that on furnishing a surety of Rs. 50,000/- along with a bond of same amount which is to be of his natural guardian/father/mother, to the satisfaction of the concerned Juvenile Justice Board, for this appearance as when directed, the applicant shall be given in custody of his natural guardian/father/mother. Sd/- (Ramesh Sinha) Chief Justice Abhishek