ORDER :

1. The present Revision petition 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 2.8.2022 passed by the Additional Sessions Judge, (Fast Track Court) Kabirdham, Kawardha (CG) in Criminal Appeal No. 26/2022, upholding the order dated 20.7.2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant in connection with Crime No. 468/2022 registered at Police Station Kawardha for offence punishable under Section 376-AB and 366 of the IPC and Section 6 of the POCSO Act.

2. The prosecution case is that the petitioner, who is a juvenile, has committed rape with the minor girl of 7 years who is his cousin sister.

3. Learned counsel for the petitioner submits that the petitioner has no criminal past, he is innocent and has been falsely implicated. 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 Court below have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the petitioner may be released on bail.

4. On the other hand, learned counsel for the State opposes the prayer for grant of bail. However, she fairly submits that social investigation report is in favour of the petitioner.

5. Parents of the prosecutrix appear before this Court and oppose the prayer for grant of bail to the petitioner.

6. 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.

7. In the present case, no adverse circumstance or material pointed out by the prosecution which would justify denial of bail to the petitioner. Therefore, rejection of bail by the Court below is not justified.

8. Accordingly, the orders passed by the Additional Sessions Judge 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 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.

9. 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.