Juvenile X"

Sanjay Kumar Dwivedi, J

Heard  Mr.  Pandey  Neeraj  Rai,  learned  counsel  appearing  for  the petitioner and Mr. Rajesh Kumar, learned counsel appearing for the State.

This criminal revision petition has been preferred against the order dated 14.07.2025 passed by the learned Additional Sessions Judge, 1st cum Special Judge, Bokaro in Criminal Appeal No.147/2025, whereby, the learned Court has been pleased to dismiss the appeal and confirmed the order dated 09. 06.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Bokaro in Jageshwar Bihar P.S. Case No.23/2024, corresponding to G.R. Case No.187/2025.

Learned counsel for the petitioner submits that the petitioner is a child in conflict with law and he is innocent and he has not committed any offence. He submits that the petitioner is at present aged about 17 years and 7 months. He submits that the petitioner was arrested on 12.04.2025 and remanded to custody on 13.04.2025 and since then, he is in custody. He further submits that now the charge-sheet has been submitted. He submits that the allegations are made that when the petitioner was of 11 years old, he had established relationship with the informant when she was of 14 years in view of the contents made in the FIR. He also submits that the petitioner is a good student and he has passed the Annual Secondary Examination in the year 2023. He submits that the petitioner is being represented through his mother and she is ready to give proper undertaking for taking care of the child.

Learned counsel for the State submits that the allegations are there. He further submits that on the pretext of marriage, relationship was established.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that that Section 12 of the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and juvenile can be denied bail only on the following three grounds (i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or (ii) expose the said person to moral, physical or psychological danger, or, (iii) the person’s release would defeat the ends of justice.

From Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juvenile are also no relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature.

The Juvenile Justice Act is based on belief that children are the future of the society and in case they go into conflict with law under some circumstances, they should be reformed and rehabilitated and not punished. No society can afford to punish its children. Punitive approach towards children in conflict with law would be self-destructive for the society. At the same time if the peeking of the child in custody is helpful in his development and rehabilitation or protection, only then it could be said that release of the child would defeat the ends of justice.

In view of above, the Court finds that both the learned Courts have given reasoning of rejecting the bail application of the petitioner that the allegations are there, which are supported by the witnesses, which appears to be not a reasonable ground of rejecting the prayer for bail of the petitioner.

In that view of the matter, the order dated 14.07.2025 passed by the learned Additional Sessions Judge, 1st cum Special Judge, Bokaro in Criminal Appeal No.147/2025 and the order dated 09.06.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Bokaro in connection with Jageshwar Bihar P.S. Case No.23/2024, corresponding to G.R. Case No.187/2025 are, hereby, set-aside.

Let the revisionist, who is in observation home since 13.04.2025 be released on bail via assurance and surety given by his natural guardian/mother, in connection with Jageshwar Bihar P.S. Case No.23/2024, corresponding to G.R. Case No.187/2025, registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023 after furnishing a personal bond of his mother (Parwati Devi) with two sureties of her relatives each in the like amount to the satisfaction of Juvenile Justice Board, Bokaro, subject to the following conditions:

(i) Natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence;

(ii) Natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits;

(iii) Juvenile and natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of September, 2025, and if during any calendar month the first Monday falls on a holiday, then on the following working day; and

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Godda, on such a periodical basis as the Juvenile Justice Board may determine.

Accordingly, this criminal revision petition is allowed and disposed of.

Pending I.A., if any, is disposed of.