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Digitally

signed by

ALLENA

ALLENA ANNAJEE

ANNAJEE RAO

RAO Date:

2026.02.03

14:57:38

+0530

2026:CGHC:5224

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 55 of 2026

XYZ Nil ... Petitioner

versus

State of Chhattisgarh through the Station House Officer, Police Station

Kharora, District - Raipur (C.G.) ... Respondent

For the petitioner : Mr. Krishna Kumar Deweangan, Advocate

For the State : Mr. Akash Agrawal, Panel Lawyer

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

30/01/ 2026

1.

The present Revision under Section 102 of the Juvenile Justice (Care

and Protection of Children) Act, 2015 has been preferred against the

impugned order dated 15.12.2025 passed by the Court of learned

Additional Sessions Judge (FTC) Raipur in Criminal Appeal No. 579

of 2025 upholding the order dated 26.11.2025 passed by the learned

Principal Magistrate Juvenile Justice Board, Mana Camp, Raipur

(C.G.) in Criminal Case No. 588/2025 whereby the bail application of

the applicant relating to Crime No.708/25 registered at P.S. Kharora,

District Raipur, Chhattisgarh for the offence u/s 65(2)(M), 65(2) of

BNS and Sections 4 & 6 of the POCSO Act, 2012 was rejected.

2.

As per the prosecution case, on 15.10.2025, the complainant lodged

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a report in police station regarding rape of her minor daughter by

the juvenile applicant to the effect that in the night of 14.10.2025,

between 8.00 to 8.30 pm, her elder daughter the victim who was

student of Class 2, had gone to play at the house of her neighbour.

After playing, the victim girl returned home wearing her under-pant.

When the complainant asked why her underpants were wet , the

victim told that she had gone to play at her elder parents house,

where she was getting down the stairs to return home, at that

moment, the juvenile appellant came behind her , caught hold of her

hand, took her inside the room, made her lie down on the sand and

after removing her underpants committed wrong act with her and

further threatened her not to tell any one. The applicant checked her

daughter’s underpants and found white, watery stain on them. She

then informed her husband about the incident. Based on such

report offence was registered against the applicant.

3.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated. He submits that the

medical report does not support the prosecution case and even as per

the Social Status Report 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 and it supports the release of

the applicant. He further submits that both 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 grant of bail and submits that the juvenile applicant has

committed sexual atrocity on the victim girl who is aged about 6 to 7

years. Hence, looking to the nature of the crime committed by the

applicant, at this stage, he may not be released on bail.

5.

Notice has been served to the informant/complainant/victim, but

nobody has chosen to appear.

6.

The Social Status Report has been submitted after home study. The

investigation result which is part of the said report summarily reveals

the following with certain suggestions :

“Lack of proper guidance, misuse of mobile phone and teenage

mania are the main suggested causes of problems. The accused

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admits the crime. Lack of information and the frenzy of adolescence

are the major factors. The child’s conduct and behavior in the

institution is good. This is the first crime of the child. He has studied

upto 8^th Class. The child needs to be reengaged in education/skill

development training.”

7.

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