1 - X (Juvenile In Conflict With Law) (In Custody At Observation Home) v. 1 - State of Chhattisgarh Through District Magistrate, Korba, District Korba, Chhattisgarh
Case Details
1 / 4 2025:CGHC:9273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1 of 2025 1 - X (Juvenile In Conflict With Law) (In Custody At Observation Home) ... Petitioner versus 1 - State of Chhattisgarh Through District Magistrate, Korba, District Korba, Chhattisgarh. ... Respondent For Petitioner For State : :
Legal Reasoning
Mr. Arvind Prasad, Advocate Ms. Pragya Shrivastava, Dy. GA along with Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/02/2025 1. This revision is against the order dated 30/07/2024 passed by the Additional Sessions Judge, FTFC(POCSO)/Children Court, Korba, C.G. in Criminal Appeal No.50/2024 whereby the order dated 10/07/2024 passed in Crime No.280/2024 passed by the Juvenile Justice Board rejecting the application for bail of the petitioner was affirmed. 2. As per the case of the prosecution, on 08/06/2024 the victim has lodged a written report that the present applicant has committed sexual intercourse since 08/07/2022 on the pretext of marriage and continued to ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.21 18:09:34 +0530 2 / 4 commit the sexual intercourse for a period of 03 years. Thereafter, when he refused to perform marriage with the victim then the marriage of the victim was solemnized with some other person there also the petitioner went in the matrimonial house of the victim and started making sexual intercourse on account of which she was left by her in-laws. Thereafter, on being asked to the present petitioner to perform marriage with the victim he again refused to do the same. 3. Thereafter, on the basis of the report lodged by the victim the petitioner was arrested and produced before the Juvenile Justice Board wherefrom he was sent to the observation home. The present applicant had preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the J.J. Act, 2015) for his release on bail before the J.J. Board which was rejected and against the said order the applicant preferred a criminal appeal under Section 101 of the J.J. Act, 2015 which too has been rejected. Hence this Revision. 4. Learned counsel for the applicant would submit that the age of the victim is 16 years and age of the child in conflict with law is 17 years and there was love affair between both of them. He would next contend that the J.J. Board has failed to consider the mandate of Section 12 of the J.J. Act and the social investigation report is also in favour of the petitioner, therefore, the petitioner who is in captivity since 08/06/2024, may be released on bail. 5. Per contra, learned State counsel opposes the prayer for grant of bail. 3 / 4 6. Perused the Social Investigation Report, wherefrom it appears that both of them were in love relation and she herself had joined the company of the applicant and went along with him. Section 12 of the J.J. Act, 2015 which provides for bail to a person who is apparently a child alleged to be in conflict with law. Section 12 of the J.J. Act, 2015 is reproduced hereinbelow:- 12. Bail to a person who is apparently a child alleged to be in conflict with law. (1) When any person, who is apparently a child and is alleged to have committed a abailable or non- bailable offence, is apprehended or detained by the police or appears or 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 person: Provided that such person shall not be so released if there appears reasonable grounds 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 persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board. (3) When such person is not released on bail under sub- section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail. 4 / 4 7. Though the notice has been served upon the father of the victim but no one appeared on behalf of the victim. 8. Considering the social investigation report which shows that the applicant and victim are in love relation with each and they on their own went together and also considering the provisions of Section 12 of the J.J. Act, 2015, I am inclined to allow this revision and release the applicant on bail. 9. Consequently, the revision is allowed and order 30/07/2024 passed by the Additional Sessions Judge, FTFC(POCSO)/Children Court, Korba, C.G. in Criminal Appeal No.50/2024 and order dated 10/07/2024 passed in Crime No.280/2024 are set aside. It is directed that the applicant shall be released on bail on furnishing a surety of Rs.10,000/- which is to be of his father to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed. SD/- (Arvind Kumar Verma) JUDGE ashu