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 (for short "the Act, 2015") has been preferred against the impugned order dtd. 8/8/2025 passed by the learned Special Judge, (Under POCSO Act) Chirmiri, District Koriya, C.G. in Criminal Appeal Case No. 42/2025, upholding the order dtd. 3/7/2025 passed by learned Principal Magistrate, Juvenile Justice Board, Baikunthpur, District - Koriya (C.G.) rejecting the bail application of the applicant in connection with Crime No. 125/2025 registered at Police Station Khadgawan, District Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Ss. 137(2), 87, 65(1) of BNS and Ss. 4 & 6 of POCSO Act.

(2.) As per the prosecution's case, on 6/6/2025, a letter was received by the concerned police station from the office of the Medical Officer, Health Center, Khadgawan, District Manedragarh- Chirmiri-Bharatpur, to the effect that on 28/5/2025, a minor/unmarried victim had conceived a pregnancy. Based on this, an investigation was carried out in which the statement of the victim was recorded. In her statement, the victim stated that the applicant lured her away on the pretext of marriage and abducted her. On 30/3/2025 at about 8:00 pm, he forcibly raped her for the first time, then raped her several times thereafter. Thereafter, on 5/5/2025, he raped her for the last time, due to which she became pregnant. Based on this, offence has been registered against the present applicant.

(3.) Learned counsel for the applicant submits that the applicant has no criminal past, he is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is aged about 16 to 17 years and the victim is also aged about 14 to 15 years and the victim resided along with the applicant in a separate house, where the applicant and victim resided together for a period of one and half month and during this period, no missing report whatever lodged by the family member of victim, which shows that the family members of victim know this fact that the victim is resided along with the applicant. The applicant is in the observation home since 7/6/2025 and the social status report is his favour. He further submits that there is no likelihood that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger. The learned Court below have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the applicant may be released on bail.