XYZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Revision petition under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "the Act, 2015") has been preferred against the impugned order dtd. 25/11/2022 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Raigarh, (CG) in Criminal Appeal No.79/2022, upholding the order dtd. 16/11/2022 passed by the Juvenile Justice Board rejecting the bail application of the applicant in connection with Crime No.534/2022 registered at Police Station Sarangarh District Sarangarh-Bilaigarh for offence punishable under Sec. 363, 366, 376 of the IPC and Sec. 4 and 6 of the POCSO Act, 2012.

(2.) The prosecution case is that the applicant who is a juvenile aged about 17 years, took the prosecutrix aged about 17 years, on his motorcycle on 23/10/2022 in the evening, therefore, a missing report has been lodged. After recovery of the prosecutrix, it was revealed that the applicant took the prosecutrix to his relative's house where physical relation was made. Therefore, on such allegations, offence has been registered.

(3.) Learned counsel for the applicant submits that the applicant (juvenile) is innocent and has been falsely implicated in the case. Both the applicant and the prosecutrix are of the same age group and they have love affair, however, due to pressure of the parents, offence has been registered. The applicant is in custody since 2/11/2022. Both the Courts in a mechanical manner rejected the bail application. Learned trial Court should have considered that as per Sec. 12 of the Act, the juvenile may be released on bail, as the applicant has no criminal proclivity and there is no reason to believe that the release of the applicant is likely to bring him into association with any criminal. Therefore, learned counsel prays for releasing the applicant on bail.