1 CGHC010205352026 2026:CGHC:39224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 787 of 2026 • ABC. ... Applicant versus • State Of Chhattisgarh Through- District Magistrate Manendragarh, District- M.C.B. (Chhattisgarh). ... Respondent For Applicant : Mr. Sanjay Kumar Yadav, Advocate. For Respondent/State : Mr. Rohitashva Singh, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 07/09/ 2026 1. The present 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 29.04.2026 passed by learned First Additional Sessions Judge Manendragarh, District Koriya (CG) in Criminal Appeal No.36/2026, upholding the order dated 06.04.2026 passed by the Principal Magistrate, Juvenile Justice Board, Baikunthpur, District Koriya (CG) whereby the bail application of applicant ‘AY’ (For sake of convenience, the applicant is referred to as ‘AY’) in connection with Crime No. 04/2026 registered at Police Station Kotadol, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 65(1) of BNS, 2023 and Section 6 of POCSO Act has been rejected. CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2026.09.09 13:07:50 +0530 2 2. As per the prosecution’s case, on the night of 15.12.2024, the juvenile in conflict with law called the minor victim and, on the pretext of marrying her, committed rape upon her; thereafter, he allegedly committed rape upon her repeatedly, as a result of which the victim became pregnant and subsequently gave birth to a girl child on 08.12.2025. On the basis of the report lodged by the victim, an FIR bearing Crime No. 04/2026 was registered against the juvenile in conflict with law at the concerned Police Station for the offences punishable under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The juvenile was taken into custody on 27.01.2026 and was thereafter sent to the Child Protection Home, Ambikapur. Since the present applicant was juvenile, he filed an application under Section 12 of the Juvenile Justice Act for granting bail, which was dismissed. Against the said dismissal, an appeal was preferred, which was also dismissed. Hence, this revision. 3. Learned counsel for the applicant submits that the applicant and the victim belong to the same village and that they were in a relationship with each other. It is further submitted that a child has been born out of their relationship and the applicant and the victim have been residing together. Learned counsel further submits that the victim is presently unwell and is unable to obtain proper medical treatment. It is also submitted that the victim continues to visit both her matrimonial home and her parental home from time to time. Learned counsel for the applicant also submits that the applicant has no criminal antecedents, he is innocent and has falsely been implicated in the crime in question. The applicant is aged about 17 years and he is in the observation home since 27.01.2026. The learned Courts have in mechanical manner rejected the bail. 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 3 prayer for the grant of bail, however, he would submit that there is no adverse finding recorded in the social status report. He would submit that considering the nature of offence, the applicant does not deserve to be released on bail. 5. Victim along with her father appeared before this Court on 03.08.2026 and they raised no objection in grant of bail to the applicant. 6. I have heard learned counsel for both the parties and perused the material available on record. 7. In the present case, the applicant is aged about 17 years, whereas the age of the victim is stated to be between 13 and 15 years. The applicant is presently lodged in the Observation Home. It is further submitted that the victim is residing at the applicant's house and used to visit her paternal home. A girl child has also been born out of their relationship. The victim, along with her father, appeared before this Court and raised no objection to the release of the applicant on bail. 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. Be that as it may, a Social Status Report was submitted by the concerned Probation Officer. A bare perusal of the said report would show that the conduct of the applicant is not only good, but that he is also living in a disciplined manner. It is further stated in the report that the child's education has been interrupted and that there is a need to reconnect the child with education. 4 10. Besides, the said report does not indicate anywhere that the release of the applicant on bail would bring him into association with any known criminal, expose him to moral, physical or psychological danger, or otherwise defeat the ends of justice. In view thereof, none of the grounds contemplated under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is available for rejecting the application. The Trial Court as well as the Appellate Court have, therefore, committed an illegality in rejecting the application de hors the mandate of the Act, 2015. 11. Accordingly, the orders passed by the Additional Sessions Judge and the Juvenile Justice Board are hereby set aside, and the Revision is allowed. 12. It is directed that, upon furnishing a personal bond in the sum of Rs. 25,000/- by the parent/guardian, along with one local surety in the like amount, to the satisfaction of the concerned Court, for the appearance of the applicant as and when directed, the applicant shall be released into the custody of the said guardian. Along with the bail bond, copies of the Aadhaar Card and a coloured, postcard-size, full-size photograph shall also be submitted by the applicant as well as the surety, which shall be duly verified by the Trial Court. 13. It is observed that the person standing as surety shall furnish an undertaking that the applicant shall not come into contact with any bad element and, in the event that the applicant is found to be indulging in any unlawful act, the surety/father of the applicant shall inform the concerned Police Station. Sd/- (Sanjay Kumar Jaiswal) Judge Chandrakant