1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 303 of 2026 Abc S/o Efg R/o Xyz Through His Guardian Efg R/o Xyz ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Sarkanda, Distt- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Aishwarya Kumar Dubey, Advocate For Respondent : Mr. Manish Kashyap, P.L. with Mr. K. K. Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18/03/ 2026 1. This Criminal Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act, 2015”) has been preferred against the impugned order dated 10.02.2026 passed by learned Additional Sessions Judge (FTC) & Children Court, Bilaspur (CG) in Criminal Appeal No.25/2026, upholding the order dated 13.01.2026 passed by the Principal BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.03.19 15:16:13 +0530 2 Magistrate, Juvenile Justice Board, Bilaspur (C.G.) rejecting the bail application of applicant in connection with Crime No. 1727/2025 registered at Police Station Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 351(2), 64(2)(M) of BNS and Section 4 & 6 of the POCSO Act. 2. As per the prosecution’s case, on 13.12.2025, the mother of the victim made a written complaint at Police Station Sarkanda, Bilaspur alleging that on 21.05.2025, while her minor daughter was returning home alone from school, the applicant forcibly took her to his house and committed sexual intercourse with her and then dropped her back to her house. On 22.11.2025, taking advantage of the opportunity, the applicant took her daughter to Bijaur where he forcibly established physical relations with her. After the incident, her daughter remained silent. When questioned, she stated that the applicant had physical relations with her and threatened to kill her if she told anyone about the incident. Based on the said complaint, offence was registered against the applicant and he was arrested on 14.12.2025. 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents, he is innocent and has been falsely implicated in the crime in question. He 3 submits that there was a love affair between the applicant and the victim and she went with the applicant of her own. The applicant is aged about 17 years, he is a student of B.Com 1st-year and he is in the observation home since 14.12.2025. He further 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. The learned Courts have in mechanical manner rejected the bail. Hence, considering the provisions of the Act, 2015, the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the prayer for the grant of bail and submits that at the time of incident the victim was minor and considering the nature of offence, the applicant does not deserve to be released on bail. 5. 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 4 would defeat the ends of justice, then bail can be denied. 6. Be that as it may, a social status report submitted by the concerned Probation Officer dated 16.03.2026 shows that the Child in Conflict with the Law is a first-time offender who has been involved in the matter due to love affair with the victim for the last 3 years and he allegedly took the victim from the school at her own request. The applicant is a B.Com 1st-year student and according to neighbors, he is well-behaved. The social status report is not adverse to the applicant. The applicant is approximately 17 to 18 years old, while the victim is between 16 and 17 years of age. Besides, it does not indicate anywhere in the said report that the release of the applicant on bail would bring him in association with any known criminal or expose him to moral, physical or psychological danger or would otherwise defeat the ends of justice. In view thereof, none of the grounds are thus available to reject the application filed under Section 12 of the Act, 2015. 7. Accordingly, the orders passed by the Additional Sessions Judge (FTC) & Children Court, Bilaspur and the Juvenile Justice Board are set aside, and the Revision is allowed. It is directed that on furnishing a personal bond in the sum of Rs.25,000/- by the parents/guardian with one surety in the like sum to the satisfaction of the concerned 5 Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of the said guardian. Along with the bail bond, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicant as well as by the surety, which shall be duly verified by the trial Court. 8. It is observed that the person stands as surety will furnish an undertaking that the applicant shall not come in contact with any bad element and in case, if he is found to be indulged in any unlawful act, the surety/father of the applicant shall inform to the concerned Police Station. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai