Chattisgarh High Court
A vs State Of Chhattisgarh on 1 April, 2025
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2025:CGHC:15244
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 294 of 2025
A
... Applicant
versus
State Of Chhattisgarh Through Police Station Gandhinagar, District Surguja
Chhattisgarh.
... Respondent
For Applicant : Mr. Shakti Raj Sinha, Advocate
For State-Respondent : Mr. Vivek Sharma, PL
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
01/04/2025
1. This criminal revision has been preferred by the applicant under
Section 102 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 being aggrieved by the order dated 01.02.2025 passed by
the Additional Sessions Judge, Fast Track Special Court (POCSO Act),
Abmikapur, District Surguja (C.G.) in Criminal Appeal No.05/2025,
Digitally signed
by VASANT
VASANT KUMAR
Date:
KUMAR 2025.04.02
12:02:48
+0530
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arising out of order dated 24.01.2025 passed by the Principal
Magistrate, Juvenile Justice Board, Ambikapur, District Surguja (C.G.).
2. Brief facts of this case are that F.I.R was lodged on 28.12.2024, on the
allegation that, the prosecutrix was residing with at Ambikapur and
subsequently she met with applicant and they kept on meeting on
various occasions. It was further alleged that, on 22:08.2024 the
applicant went to the room of prosecutrix and committed sexual
intercourse with her on false pretext of marriage. Further the case of
prosecution is that, applicant threatened the prosecutrix on ground that
he will tarnish her image if she refuses to meet him and due to this
threat, the prosecutrix was forced to have sexual intercourse with her.
On the basis of said report, the applicant has been arrested by police
for the offences under Sections 64(2)(M), 351(2),115(2) of the Bhartiya
Nyaya Sahinta 2023 and Sections 3(2)(v), 3(2)(w-ii) of the Schedule
Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.
3. After completion of investigation, the police submitted the charge sheet
before the learned Judicial Magistrate, Ambikapur and submitted the
separated charge sheet before the Juvenile Justice Board. The
applicant herein preferred the application under Section 12 of The
Juvenile Justice (Care and protection of Children) Act, 2000 for his
release on bail, which was rejected by the learned Juvenile Justice
Board, Ambikapur, Surguja on 24.01.2025.
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4. The applicant preferred the appeal against the aforesaid rejection order
of bail before the Court of Sessions, Ambikapur, District Surguja (C.G).
The said appeal was taken up for hearing and was decided by the
Additional Sessions Judge, Fast Track Special Court (POCSO Act),
Ambikapur. Surguja (C.G). The learned Special Court after hearing the
appeal and after considering the arguments had rejected the appeal
vide order dated 01.02.2025. Hence, this revision.
5. Learned counsel for the applicant contended that both the courts below
have erred in law in rejecting the bail application as also appeal filed by
the applicant. He further contended that the learned Courts below have
not appreciated the Section 12 of the Act of 2000 in its true spirit which
says that a juvenile in conflict should be released on bail unless there
appear reasonable grounds for believing that the release on bail is
likely to bring him into association with known criminal or expose him to
moral, physical or psychological danger or that his release would
defeat the ends of justice. In the instant case, no such reasons are
reflected from the order of the court below that if he would be released
on bail, it appears that he would be associated with other criminals or
other criminal activity. He further contended that the innocence of the
applicant is pertinent from the FIR and final report itself, because the
prosecutrix had given her consent on her own free will. It is further
contended that the Juvenile in conflict with law cannot be denied bail
merely on the ground that he is involved in serious crime, the liberty of
bail should have to be given in strict sense as envisaged under section
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12 of the Act. It is therefore, most humbly prayed that this Court may
kindly be pleased to allow the instant revision and impugned order
dated 01.02.2025 (Annexure A/1) may be set-aside and the applicant
may kindly be released on bail
6. Learned counsel for the State-Respondent opposes the submission
made by learned counsel for the applicant and submits that the order
passed by the trial Court/Juvenile Court is just and proper needs no
interference.
7. I have heard learned counsel for the parties and perused the impugned
order and other material available on record with utmost
circumspection.
8. Taking into consideration the facts and circumstances of the case and
from perusal of the record, I have found that the Juvenile-A is arrested
on the allegation that, the prosecutrix was residing with at Ambikapur
and subsequently she met with applicant and they kept on meeting on
various occasions. It was further alleged that, on 22:08.2024 the
applicant went to the room of prosecutrix and committed sexual
intercourse with her on false pretext of marriage. Considering the fact
that the applicant is a minor whereas the prosecutrix is a major lady
aged about 23 years. Further, on perusal of the Social Investigation
Report of the Juvenile-A, wherefrom it reveals that there is no previous
antecedent against the applicant and the said report is in his favour.
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9. Section 12(1) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 provides as under :
“12. Bail of juvenile.-(1) When any person accused of a
bailable or non- bailable offence, and apparently a
juvenile, is arrested or detained or appears or is brought
before a Board, such person shall, notwithstanding
anything contained in the Code of Criminal Procedure,
1973 (2 of 1974) or in any other law for the time being in
force, be released on bail with or without surety [or
placed under the supervision of a Probation Officer or
under the care of any fit institution or fit person] but he
shall not be so released if there appear reasonable
grounds for believing that the release is likely to bring
him into association with any known criminal or expose
him to moral, physical or psychological danger or that his
release would defeat the ends of justice.”
10. In view of the above, the present criminal revision is allowed and the
order dated 01.02.2025 (Annexure A-1) is hereby set aside and it is
directed that the Juvenile-applicant shall be released on bail upon
furnishing a personal bond by his natural guardian, in the sum of
Rs.10,000/-, with one surety in the like sum to the satisfaction of the
concerned Juvenile Justice Board/Court, with an undertaking of his
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parents that he will take care of the applicant. The applicant shall
appear before the concerned Board as and when directed.
Sd/-
(Arvind Kumar Verma)
Judge
Vasant
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