2025:CGHC:10139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1346 of 2024

1 - A, Aged About 14 Years Through- Natural Father E, 2 - B Aged About 11 Years Through- Natural Father F, 3 - C Aged About 12 Years Through- Natural Father G 4 - D Aged About 13 Years Through- Natural Father H ... Applicant(s)

versus

1 - State Of Chhattisgarh Through- District- Magistrate, District- Sarangarh-

Bilaigarh Chhattisgarh.

... Respondent(s)

For Applicant(s) : Shri Tapan Chandra, Advocate For Respondent/State : Ms. Sunita Manikpuri, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Order on Board

28/02/2025 This Criminal Revision under Section 102 of the Juvenile Justice (Care & Protection of Children), Act 2015 (for Short " Act of 2015") has been filed challenging the legality, judicial propriety and correctness of order dDaigittaelly dsigne d21.11.2024 passed by Learned Additional Sessions SUGUNA b Dy U S BU EG YUNA DUBEY Date:

2025.03.01 Judge,Fast Track Court (POCSO), Sarangarh-Bilaigarh (CG), in Criminal Appeal No.38/2024 whereby the Ld. Court dismissed the criminal appeal preferred by the applicants against the order dated 16.10.2024 passed by Juvenile Justice Board, Raigarh dismissing the application for grant of bail by the applicant under Section 12 of Act of

2015.

2. The case of prosecution in brief, is that information was received by the informant to the concerned police station that on the date of incident, ie. 09.08.2024, at about 9.00 pm., when the complainant aged about 45 years, was returning from the Devar Street on the way, the applicants who were following her, near Bajrangbali temple, Khamridih, caught hold of her and after dragging her to the roadside field, committed gang rape on her. On the basis of the written report by the victim, the police registered offence under Sections 70(1) of the BNS.

3. Learned counsel for the applicants/juveniles-conflict-with-law argued that the provisions of Section 12 of Act of 2015 mandates that " the juvenile shall be released on bail with or without surety or placed under the supervision of the probation officer or under the care of any fit person. Provided that such person shall not be released on bail if there appears reasonable ground for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger, or the person's release would defeat the ends of justice". In the case, in hand, learned Court below has given a finding that looking to the seriousness of the offence, appeal is dismissed and the Court below has not considered the provision of Section 12 of Act of 2015 in its proper perspective and thereby committed irregularity while rejecting the appeal. He further submits that in order to find out the physical and mental status of juvenile in conflict with law there is a provision under Section 14 and 15 of Act of 2015. He submits that the provision of Section 15 was considered and the finding under Section 15 of the Act of 2015 has already been given by Juvenile Justice Board to try the offence before the Juvenile Justice Board and not before the Children Court, therefore, the revision should be allowed and the applicants should be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that there is a categorical finding recorded by learned Court below with regard to the seriousness of the offence and also given a finding that in the interest of justice, the applicants juvenile- conflict-with-law shall not be released on bail. It is further submitted that these findings are based on proper assessment of the material placed before it and therefore the finding recorded does not suffer from any patent illegality or material irregularity warranting interference by this Court. Learned State counsel had apprised this Court about the conduct of the applicants/accused and submits that looking to the gravity of the offence committed by the