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Judgment
Heard on IA No.1/2026, application for condonation of delay in filing the criminal revision.
On due consideration and for the reasons mentioned in the application, the same (IA No.1/2026) is allowed and the delay of 35 days in filing the revision is hereby condoned.
This criminal revision has been preferred by the applicant challenging the order dated 17.12.2025 passed by the learned Children Court/Additional Session Judge, Fast Track Special Court (POCSO Act), Raigarh (C.G.) in Criminal Appeal No.100/2025, whereby the appeal preferred by the applicant/juvenile before the Principal Magistrate, Juvenile Justice Board, Raigarh in Criminal Case No.245/2025 has been rejected.
Facts of the case in nutshell are that FIR bearing Crime No.492/2025 for the offence under Section 65 (2) of BNS and Section 4 of POCSO Act was registered against the applicant/juvenile at the Police Station City Kotwali, Raigarh on the allegation that the applicant/juvenile, who is a person of unsound mind, had taken the minor victim, aged about 9 years, on the roof of her maternal grandmother and put down underwear of minor victim and his own and slept with her and put his finger in her private part. Based on above facts, the aforesaid crime was registered and after investigation, the charge sheet has been filed against the applicant/juvenile for the aforesaid offence before the Juvenile Justice Board, Raigarh and the bail application filed by the applicant/juvenile has been rejected by the Juvenile Justice Board and thereafter the appeal preferred by him has also been rejected vide impugned order dated 17.12.2025 (Annexure-A/1) by the learned Children Court/Additional Session Judge, Fast Track Special Court (POCSO Act), Raigarh (C.G.). Hence this criminal revision.
Learned counsel for the applicant/juvenile would submit that the applicant is a mentally ill person and he has also got treatment for the same from Mental Hospital, Sendhri, Bilaspur and he has been in Observation Home at Bilaspur since 26.09.2025, therefore, since he is a mentally ill person, he is required continuous care and there is also no criminal antecedent against him apart from the instant case. Hence he be released on bail by allowing the instant appeal.
Per contra, learned State counsel would submit that as per social status report, the conduct of applicant/juvenile is normal and he has studied upto 7th standard. There is no criminal antecedent against him and he is required to be kept in continuous observation of family members. He would further submit that though the medical report of the victim is negative but having considered the nature of offence, the revision may be rejected.
Notice was sent to the mother of the victim as per order dated 13.07.2026, but despite service of notice to the mother of victim, she neither appeared nor is represented by any counsel.
Heard learned counsel for the parties and perused the material available on record.
Having considered the fact that the applicant/juvenile is in Observation Home since 26.09.2025, charge sheet has been filed and as per social status report, there is no criminal antecedent against the applicant/juvenile and he has been kept in continuous observation as such his conduct is improving, therefore, on due consideration of the aforesaid aspects of the matter, this Court is inclined to allow the instant revision.
Accordingly, the revision is allowed and the orders passed by the learned Session Judge and the Juvenile Justice Board are hereby set aside. It is directed that upon applicant’s furnishing a personal bond in the sum of Rs.20,000/- through his mother along with one surety in the like amount, which can be furnished by some other person as well, to the satisfaction of the concerned Court, for his appearance as and when directed, the applicant shall be released into the custody of his mother.