2025:CGHC:56138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1274 of 2025 ABC ... Applicant versus State Of Chhattisgarh Through District Magistrate Surajpur, District : Surajpur, Chhattisgarh ... Respondent For Applicant : Mr. Sanjay Yadav, Advocate For State-Respondent : Ms. Sunita Manikpuri, Dy. GA Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

18/11/2025

1. This criminal revision has been preferred by the Juvenile-ABC under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved with the impugned order dated 09.09.2025 (Annexure A/1) passed in Criminal Appeal No.22/2025, passed by the District and Additional Sessions Judge, Fast Track Special Court, Surajpur, District Surajpur (C.G.) arising out of order dated 20.08.2025 passed by the Juvenile Justice Board, Surajpur, District Surajpur (C.G.), whereby the bail application of the Juvenile-ABC has been dismissed.

2. Brief facts of this case are that on 06.06.2025 the prosecutrix along with going hospital for some treatment during treatment the doctor has examine the procecutrix then procecutrix says on date 01.06.2025 applicant committed rape thereafter police has lodged FIR U/S 65(2), 66 of B.N.S & Sections of 4, 5 of POCSO Act against the applicant. Since the application under Section 12 of the Juvenile Justice (Care and Protection Act was dismissed by the Juvenile Board, Surajpur on 20.08.2025, thereafter the appeal was filed by the applicant before the District & Upper Session Judge, Fast Track Special Judge Surajpur, Distt. Surajpur. which was also illegally and improperly dismissed.

Hence, this revision.

3. Learned counsel for the applicant contended that the impugned order is contrary to the facts, law and circumstances of this case. The applicant is in judicial custody since 07.06.2025 and since on being applied for grant of bail before the Juvenile Justice Board and no adverse report was filed by the Probation Officer and despite the fact that the applicant is aged about 17 years and since the applicant also hopes and believes that the prosecution would not be able to establish and prove the case against the present applicant for the said offence and taking into consideration of this fact that the applicant is in judicial custody and since it will take sufficient time for the trial to come an end, the Court may consider to allow the revision and be pleased to make an order to release the applicant on bail during the course of trial. He further contended that the guardian of applicant is prepared to furnish adequate surety for the appearance of the applicant during the course of trial and it is also submitted that the applicant will not found to have been indulged in any offence and the presumption on which the appellate court has dismissed the appeal and therefore this court may be taken into consideration while disposing of revision. The probation officer has submitted no adverse report of applicant before Juvenile Board, and the character of applicant is good. It is, therefore, prayed that, the impugned order passed by the Court below may kindly be set aside and the application filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 may kindly be allowed and the applicant/juvenile- ABC may kindly be released on bail, in the larger interest of justice.

4. Learned State Counsel opposes the submission made by learned counsel for the applicant/juvenile-ABC and submits that the social status report of the applicant is adverse, hence, he may not be released on bail.

5. I have heard learned counsel for the parties and perused the record with utmost circumspection.

6. In compliance of order dated 17.10.2025, parents of the deceased-victim appeared before this Court through video conferencing from the DLSA – Surajpur. On being asked, they raised objection for grant of bail to the juvenile-applicant.

7. Considering the facts and circumstances of the case and submission made by learned counsel