1 2026:CGHC:7878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 129 of 2026 Child In Conflict With The Law Nil. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Chirmiri District M.C.B. (C.G.) ... Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent : Ms. Vithika Choubey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12/02/ 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 11.12.2025 passed by learned Special Judge (POCSO Act), Chirmiri, District Koriya (CG) in Criminal Appeal No.90/2025, upholding the order dated BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.16 10:43:05 +0530 2 29.09.2025 passed by the Principal Magistrate, Juvenile Justice Board, Baikunthpur, District – Koriya (C.G.) in Criminal Case No.87/2025 rejecting the bail application of applicant (‘S’) in connection with Crime No. 210/2025 registered at Police Station Chirmiri, District – Koriya (C.G.) for the offence punishable under Sections 65(1), 3(5) of BNS, Section 67(B) of the IT Act and Section 4 & 6 of the POCSO Act. 2. As per the prosecution’s case, the mother of the victim made a written report stating that the victim resided with her maternal uncle and aunt in Azad Nagar, Godripara, and was employed at V. Y. Hospital, Raipur. On 12th September, 2025, the mother learned through the victim's aunt (Mami) that an obscene video of the victim was going viral. Upon arriving home from Raipur that night and questioning, the victim revealed that on 29th August, 2025, at approximately 1:30 PM, her friend took her by the applicant (S) and another juvenile (V) under the pretext of going to a shop. From there, they went to V's house where other friends were already present. While they were playing Uno game, ‘V’ brought cold drinks for everyone. Shortly after consuming the drink, the victim began to feel a headache and went to another room to lie down. During this time, the Child in Conflict with the Law removed her 3 clothes, committed sexual intercourse and made obscene photos and videos viral. Following a complete investigation, offence was registered against the applicant and he was arrested on 14.09.2025. 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. The applicant is aged about 17 years and he is in the observation home since 14.09.2025. The applicant is good in studies, he has studied 12th Class and had 80% marks in class 10th. 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. 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, he 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 4 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. 6. Be that as it may, a social status report submitted by the concerned Probation Officer dated 02.02.2026 shows that the reason for the incident is love affair with the victim and the effect of cold drinks. The child is interested in studies and listens to his parents. 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 Special Judge (POCSO Act), Chirmiri, District Koriya 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 local surety 5 in the like sum to the satisfaction of the concerned 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