XYZ (Juvenile in conflict with law) vs STATE OF CHHATTISGARH

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CGHC010226192026 2026:CGHC:46712
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 759 of 2026
1 - XYZ (Juvenile In Conflict With Law) Nill
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station Gunderdehi,
District Balod (Chhattisgarh)
... Respondent
(Cause title, as taken from CIS)
For Applicant : Mr. Aman Pandey, Advocate
For Respondent/State : Mr. Sachchidanand Yadav, PL.
Hon’ble Mr. Justice Naresh Kumar Chandravanshi
Order on Board
04/11/2026
1. This criminal revision has been preferred by the applicant/juvenile
under Section 102 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (henceforth ‘referred as ‘JJ Act’) challenging the
judgment dated 09.04.2026 passed by the learned Additional Sessions
Judge, F.T.S.C. (POCSO), Balod, District Balod (CG) in Criminal
Appeal No.35/2026, whereby the appeal preferred by the
applicant/juvenile has been rejected, upholding the order dated

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18.03.2026 passed by the learned Principal Magistrate, Juvenile
Justice Board, Balod, District Balod (CG) in Criminal Case No.14/2026,
by which the bail application of the applicant/juvenile under Section 12
of the JJ Act was rejected.
2. The case of the prosecution, in brief, is that on 19.12.2025, when the
minor victim was coming down from the roof of her house, the
applicant went there, held her hand and forcibly took her into a room,
where he sexually exploited her. Based on the aforesaid facts, an FIR
No.355/2025 was registered at Police Station Gunderdehi, District
Balod, against the applicant for the offences punishable under Section
65(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and
Section 4 of the Protection of Children from Sexual Offences Act, 2012
(for short, “POCSO Act”). After investigation, a charge-sheet was filed
against the applicant/juvenile before the Juvenile Justice Board, Balod,
for the aforesaid offences.
3. The bail application filed by the applicant/juvenile under Section 12 of
the Juvenile Justice (Care and Protection of Children) Act, 2015 (for
short, “JJ Act”) was rejected by the Juvenile Justice Board, Balod, vide
order dated 18.03.2026. Thereafter, the appeal preferred by him was
also rejected by the learned Additional Sessions Judge, F.T.S.C.
(POCSO), Balod, District Balod, vide impugned judgment dated
09.04.2026. Hence, this criminal revision.
4. Learned counsel for the applicant/juvenile submits that, on account of
previous enmity, the applicant has been falsely implicated in the instant
case, as the medical evidence does not support the case of the
prosecution. He further submits that the applicant/juvenile has been in

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the Observation Home since 20.12.2025 and that there is nothing
adverse against him in the social status report. Learned counsel further
submits that keeping the applicant/juvenile in the Observation Home
for a further period may adversely affect his conduct and behaviour.
Hence, he prays that the orders passed by the learned Appellate Court
as well as the learned Juvenile Justice Board be set aside and the
applicant/juvenile be enlarged on bail.
5. Per contra, learned State counsel submits that the applicant sexually
exploited the minor victim. He further submits that, in her deposition,
the victim has stated that, on an earlier occasion also, the applicant
had entered her bathroom and, when her mother objected to the same,
the applicant assured her that he would not repeat such conduct.
However, his conduct did not improve. Hence, he submits that the
present revision may be rejected. However, he fairly submits that the
social status report of the applicant/juvenile does not contain any
adverse remarks against him.
6. The mother of the minor victim is also present through video
conferencing from the District Legal Services Authority (DLSA), Balod.
She has strongly opposed the criminal revision filed by the
applicant/juvenile.
7. Heard learned counsel for the parties and perused the material
available on record particularly the social status report.
8. As per the social status report, the applicant/juvenile has been in the
Observation Home since 20.12.2025. He has no criminal antecedents
apart from the instant offence. His conduct and behaviour in the
Observation Home have also been reported to be good. Considering

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the aforesaid facts, particularly the fact that his continued stay in the
Observation Home for a further period may adversely affect his
childhood, coupled with the other circumstances of the case, this Court
is inclined to allow the present revision.
9. Accordingly, the present criminal revision is allowed . The impugned
judgment dated 09.04.2026 passed by the learned Additional Sessions
Judge, F.T.S.C. (POCSO), Balod, District Balod, as well as the order
dated 18.03.2026 passed by the learned Principal Magistrate, Juvenile
Justice Board, Balod, are hereby set aside.
10. It is directed that, if the father or mother of the applicant/juvenile
furnishes their own bail bond of Rs.25,000/- along with one surety in
the like amount to the satisfaction of the Juvenile Justice Board, Balod
for appearance of the applicant/juvenile before it, as and when directed
by it, the applicant/juvenile shall be released into the custody of his
parents, subject to the following conditions:
(a) The applicant/juvenile and his parents shall
not act in any manner which will be prejudicial to
a fair, smooth, and expeditious inquiry/trial.
(b) The parents/guardian shall ensure that the
applicant/juvenile appears before the Juvenile
Justice Board, Balod, on each and every date
fixed for the inquiry till its final disposal, unless
specifically exempted.
(c) The parents/guardian of the
applicant/juvenile and the surety shall submit
self-attested copies of their Aadhaar Cards
along with full-size colored postcard
photographs bearing their printed Aadhaar
numbers, which shall be duly verified by the
Juvenile Justice Board before executing the
release warrant.
(d) The parents shall keep the applicant/juvenile
under strict supervision to ensure that he does

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not involve himself in any offence of a similar or
any other nature in the future, and is kept away
from any undesirable or criminal elements.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar