Chattisgarh High Court
Juvenile In Conflict With Law vs State Of Chhattisgarh on 3 April, 2025
Digitally signed by
V PADMAVATHI
Date: 2025.04.23
10:43:34 +0530
2025:CGHC:15822
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 154 of 2025
Juvenile In Conflict With Law (Juvenile In Observation Home) ... Applicant
versus
State Of Chhattisgarh Through District Magistrate Raipur District - Raipur (C.G.)
... Respondent
(Cause title is taken from the CIS)
------------------------------------------------------------------------------------------------------------------
For Applicant : Shri Pragalbha Sharma, Advocate For Respondent/State : Ms Vaishali Mahilong, PL For victim/objector : Shri Chandresh Shrivastava, Advocate
——————————————————————————————————————
Hon’ble Shri Justice Ravindra Kumar Agrawal
Order on Board
03.04.2025
1. Present Criminal Revision filed under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (for short, ‘Act 2015’)
against the Judgment dated 16.01.2025 (Annexure A1), passed by the
learned Additional Sessions Judge, FTC, Raipur, District-Raipur, CG, in
Criminal Appeal- 25 of 2025, whereby the appeal preferred by the
applicant under Section 101 of the Act 2015 was rejected, and the order
of rejection of bail by the learned Juvenile Justice Board, Raipur dated
07.01.2025 in Crime No.474 of 2024 registered at Police Station-
Rajendra Nagar, Raipur is affirmed.
Crr 154 of 2025
2
2. Learned counsel for the applicant would submit that the applicant,
admittedly, is a juvenile, and he is in Observation Home since
21.12.2024. It is further submitted that as per Section 12 of the Act
2015, for the purpose of releasing a juvenile on bail, the gravity of the
offence is not to be seen. It is also submitted that the learned Juvenile
Justice Board, as well as the learned Appellate Court have not discussed
anything, so far as the merits of the case, and the merits of the case
would be of no relevance while considering the bail application of the
juvenile. He would also submit that the applicant is suffering from
various ailments, including psychiatric disorder during his stay at
observation home, and his health condition is deteriorating. There is no
possibility that after releasing him on bail, he will again come in
association of criminal persons, or there is no reason to believe that
release of the applicant 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. Therefore,
the juvenile applicant may be released on bail.
3. On the other hand, learned counsel appearing for the State
opposes the submissions made by learned counsel for the applicant on
the ground that taking into consideration the nature of offence committed
by the applicant, it is not a fit case, where the applicant be enlarged on
bail. Learned counsel also referred to the report of the Probationary
Officer of the concerned Juvenile Jail.
Crr 154 of 2025
3
4. Learned counsel for the victim/objector vehemently oppose the
submissions made by learned counsel for the applicant, and would
submit that in the present case, the allegation of rape upon the minor
victim, aged about 14 years, is alleged on the juvenile applicant, aged
about 15 years 11 months, who is also a student of the same school,
where the victim is studying. The manner in which the victim was
subjected to rape by the applicant that he took her on the pretext that
other teacher of the school are calling her, and took her to a lonely place
in the school, where there is no CC TV coverage, so that he could
escape from the offence. Thereafter, even he committed rape upon her
in her house itself, after giving threatening to her. By the act of the
applicant, the victim went in depression, and avoiding going to school,
and tuition. Father of the applicant is in Police service, and he
threatened the victim that no one will take action against the applicant, as
he is the son of a Police Officer. He would further submit that whenever
she disclosed the incident to her teacher, they did not take care about her
complaint. When the victim was being taken to the Psychiatrist for
counseling, she disclosed the entire incident to her, and then, the report
has been lodged. Although the merits of the case and gravity of the
offence would not be relevant for consideration of bail application of a
juvenile, but in the facts and circumstances of the present case, releasing
the applicant on bail would defeat the ends of justice, as the victim is
apprehending untoward incident from the applicant. It is also submitted
that the applicant was medically examined by the District Medical Board,
Crr 154 of 2025
4
Raipur, and it is opined that applicant was on regular medication, and
maintaining well. He complains of anxiety and increased heart rate
occasionally, which is not a disease but only a disorder. Therefore,
applicant is not entitled for release on bail.
5. Heard learned counsel for the parties and perused the material
annexed with the petition, as well as the case-diary.
6. Before considering the case of the applicant, it would be appropriate
if Section 12(1) of the Act 2015 is taken into consideration, and for ready
reference, the same is being reproduced hereunder:
“Section 12:(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 of 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.
A plain reading of Section 12(1) of the Act 2015 by itself gives a
clear indication that under the normal circumstances, as a matter of
routine, in case an accused person happens to be a juvenile and is
arrested, detained, and is brought before the Board, such person
notwithstanding anything contained in either Code of Criminal Procedure
or under any other special law which is in force should be released on
Crr 154 of 20255
bail. But at the same time the latter part of Sub Section 1 of Section 12
clearly envisages the fact that in a given factual background of a case if it
appears to the Court that releasing of said juvenile can bring him into
association of the company with which he landed himself in the remand
home, or he may get exposed to moral and psychological danger, as also
exposing himself to physical danger, the juvenile may not be released.
That means, in the event the circumstances surrounding the juvenile
shows that upon his release from the observation home can lead to
exposing the juvenile to both moral as well as psychological danger, the
Court may refuse to release the juvenile on bail.
7. In order to examine whether any of three exceptions of Section
12(1) of the Act 2015 is present in the case, social status report of the
applicant was called for by this Court vide its order dated 05.02.2025,
and the learned Juvenile Justice Board has also called the same and a
copy of which is also filed by the applicant along with covering memo
dated 18.03.2025 in the present revision.
8. From perusal of the social status report of the applicant, it appears
that the social and economic condition of the applicant’s family is
satisfactory, the parents of the applicants are concerned about future of
the juvenile applicant. His behaviour was good with his inmates, he
denied commission of offence, but he was known to the victim. Cause of
delinquency is lack of proper guidance. His involvement in the offence is
doubtful, and his treatment from the Psychiatrist is continuing from the
Crr 154 of 2025
6
date when he was sent to the observation home, and his condition was
not normal. It is clear from the social status report of the applicant that
the same is self contradictory. It cannot be said that the parents have
concern about future of the applicant, as he committed an act depicting
criminal tendency. It cannot be said to be such an act done in a sudden
spurt of anger. Applicant took the victim to a place out of range of the
CCTV footage on the pretext that she was being called by other teachers,
and committed rape upon her. Thereafter, she was being called regularly
from her class room by the applicant. This act of applicant shows the
criminal tendency in him. More over, applicant went to the house of the
victim, and committed rape upon her. The manner in which he acted,
and committed the offence cannot be said to be the act done in spurt of
anger. Applicant’s parents, are not concerned with welfare of the child,
who instead of insisting the applicant goes to school, did not take any
care of him. In this situation, if the applicant, who is juvenile in conflict
with law is released from the observation home, and sent to the same
social economic atmosphere, he would be exposed to moral, and
psychological dangers. Further, the risk of juvenile committing such
offence in future is also likelihood, because the victim of sexual offence of
such tender age, who is a student of the same school, are often not even
able to bring the offence to the notice of the elders. I do think the gravity
of the offence is nowhere concerned with consideration of bail application
of a juvenile in conflict with law, but to consider the interest of justice, it
does have some bearing.
Crr 154 of 2025
7
9. Although the bail may be a rule but under three circumstances, the
benefit of bail can be denied to a juvenile, where rape has been
committed on a minor victim, release of juvenile applicant on bail would
definitely defeat the ends of justice. One of the exceptional
circumstances, wherein the benefit of bail can be denied to a juvenile, is
that, in case, “the release would defeat the ends of justice”. Justice is
not a one way street. It is only to be appreciated from the point of view of
the juvenile in conflict with law. It is also a concept which would be alive
both for the victim and for the society at large. The manner in which the
offence is alleged to have been committed, it cannot be said that the
juvenile applicant is immature, the length of offence and his conduct
does comes under the exception of “defeat the ends of justice”. Further,
from the medical report of the juvenile in conflict with law, it appears that
the District Medical Board has opined that the applicant was on regular
medication and maintaining well. On taking history of the applicant, he
complains of anxiety and increased heart rate occasionally. The applicant
will under regular follow-up in Psychiatric OPD to assess the mental
status and to verify the diagnosis. It also reflects that his condition is
normal and stable in the observation home.
10. The instant case taking into consideration, the report of the
Probationary Officer, as well as the facts and circumstances of the case,
this Court is of the opinion that if the applicant is released on bail, there is
all chances of his exposing to moral as well as psychological danger, and
his release would “defeat the ends of justice”.
Crr 154 of 2025
8
11. For the foregoing reasons, this Court is of the opinion that the
finding given by the learned Juvenile Justice Board, as well as the
learned Appellate Court does not warrant any interference at this
juncture, and the present case does not fall within the ambit of Section
12(1) of the Act 2015 but would fall within the exception carved out in the
said Section.
12. Accordingly, no good case has been made out for allowing this
revision calling for interference with the order under challenge.
13. The Criminal Revision being devoid of merit, it is dismissed.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
padma
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