Facts
The applicant, a child in conflict with law, was charged under Sections 137(2), 87 and 64(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, arising from allegations that he took a girl under 15 from her parents’ custody and sexually exploited her
Source reference: para. 2The Juvenile Justice Board rejected his bail application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015; the appellate court dismissed his appeal. He challenged that dismissal in revision under Section 102 of the 2015 Act
Source reference: paras. 1, 3The applicant had been in an Observation Home since 11 February 2026, had no prior involvement in conflict with law, and had a social status report that was not adverse
Source reference: paras. 4–5, 7Issues
1. Whether the applicant should be released on bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, notwithstanding the seriousness of the allegations
Source reference: paras. 2, 72. Whether the record disclosed any statutory ground for refusing bail, including a likelihood that release would bring the applicant into association with known criminals, expose him to moral, physical or psychological danger, or defeat the ends of justice
Source reference: para. 7Law Applied
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, governs bail for a child alleged to be in conflict with law and provides for release on bail unless there are reasonable grounds to believe that release is likely to bring the child into association with a known criminal, expose the child to moral, physical or psychological danger, or defeat the ends of justice
Source reference: para. 7The Court exercised its revisional jurisdiction under Section 102 of the 2015 Act to review the appellate order
Source reference: para. 1Reasoning
Although the allegations involved kidnapping and sexual exploitation, the Court focused on the statutory grounds for refusing bail.
Source reference: para. 7The applicant was a first-time child in conflict with law, his conduct and behaviour were not reported as negative, and the social status report was not adverse
Source reference: paras. 4–5, 7The prosecution had not brought to the Court’s notice material indicating that release would create any of the risks specified in Section 12; the Court therefore found release appropriate
Source reference: para. 7Holding
The Court allowed the revision, set aside the appellate order dated 8 July 2026, and allowed the applicant’s bail application under Section 12
It directed release into his parents’ custody upon furnishing a ₹25,000 personal bond and one surety for the like amount, subject to conditions concerning attendance before the Juvenile Justice Board, cooperation with the proceedings, identity verification, supervision, and avoidance of criminal or undesirable influences.
Source reference: paras. 8–8(d)Acts & Sections Cited
7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Juvenile Justice (Care and Protection of Children) Act, 2015.2
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
ABCvsSTATE OF CHHATTISGARH
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