ABC vs State Of Chhattisgarh

The present revision has been preferred under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the Act 2015') against the order dated 08.07.2026 passed in Criminal Appeal No.199/2026 by the Upper Sessions Judge (F.T.C.) and Children Court, Bilaspur, C.G., whereby the learned appellate Court has rejected the appeal arising out of order dated 04.06.2026 passed in Crime No.82/2026 (Juvenile Case No.132/2026) dismissing the bail application of the present applicant by the Principal Magistrate, Juvenile Justice Board, Bilaspur, C.G.

Allegation against the applicant is that he sexually exploited a minor girl aged below 15 years by taking her away from the lawful custody of her parents. Initially, a missing report was lodged against an unknown person. The minor victim was subsequently recovered from the possession of the applicant. After completion of the investigation, a charge sheet was filed against the applicant before the Juvenile Justice Board, Bilaspur, for the offences punishable under Sections 137(2), 87 and 64(m) of the BNS and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the Act, 2012’). The matter is pending consideration before the concerned Juvenile Justice Board.

The applicant/juvenile was sent to Observation Home on 11.02.2026. He filed an application under Section 12 of the Act of 2015 for granting bail, which was dismissed by the Juvenile Justice Board vide order dated 04.06.2026. Against the said dismissal, an appeal was preferred on his behalf, which was also dismissed by the impugned order dated 08.07.2026. Hence, this revision.

Learned counsel for the applicant submits that the applicant is in the Observation Home since 11.02.2026 and that the social status report is in his favour. Applicant has no criminal antecedents and is in conflict with law for the first time in the present case. Hence, he prays that the revision may be allowed and the applicant be released on bail.

On the other hand, learned counsel for the State submits that the applicant not only kidnapped the minor girl but also sexually exploited her and, as such, is not entitled to be released on bail. However, he submits that the social status report prepared by the Probation Officer is not against the applicant.

I have heard learned counsel for both the parties and perused the case diary.

Having considering the fact that the applicant/juvenile is in Observation Home since 11.02.2026, he is for the first time in conflict with law; his conduct and behaviour are not reported negative; nothing has been brought to the notice of the Court by the prosecution that release of the applicant on bail would likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger, this Court is inclined to allow this revision. Accordingly, the revision is allowed. The impugned judgment dated 08.07.2026 is hereby set aside. The application under Section 12 of the Act of 2015 is allowed.

It is directed that, if the father or mother of the applicant/juvenile furnishes his or her own bail bond of Rs.25,000/- along with one surety in the like amount to the satisfaction of the Juvenile Justice Board, Bilaspur, C.G. 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: