IMPORTANT POINT
Bail – Bail to juvenile delinquent is a rule.

ORDER (ORAL)

Pursuant to service of notice of Rule upon respondent No. 2 –original complainant, learned advocate Mr. Bhaumik Dholariya appears on his behalf. He shall file his appearance before the registry, if yet not filed, which the registry shall accept.

2. This application has been filed by the juvenile in conflict with law through his father as a guardian under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) for regular bail in connection with FIR being C.R. No. 11211050250380 of 2025, registered with Thangadh Police Station, District: Surendranagar for the offences punishable under Sections 63(A), 64(1)(2) (i)(m), 78(1)(i), 79, 351(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3(A), 5(L), 6, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

3. Heard, the learned advocates for the respective parties.

3.1 The learned advocate for the applicant submits that it is a case of love affair wherein the accused as well as the victim girl both are juvenile. She fairly conceded that the Juvenile Justice Board (JJB) as well as the first Appellate Court, both have rejected the bail application of the juvenile in conflict with law by orders dated 04.10.2025 and 10.09.2025, respectively, and accordingly, present application is filed seeking regular bail before this Court.

3.2 At the outset, the learned advocate for the applicant has submitted that the parties have arrived at out of Court settlement and the original complainant has no objection for release of the present juvenile in conflict with law on bail.

3.3 Even otherwise, she submitted that the applicant is a minor and therefore, by virtue of Section 12 of the JJ Act, it would be mandatory to enlarge the applicant on bail. It is submitted that the learned Sessions Judge has failed to appreciate and interpret the provisions of Section 12 of the JJ Act in the its true and proper perspective. It is submitted that according to Section 12 of the JJ Act, a Child (as defined under section 2(12) of the JJ Act), alleged to have committed a bailable or non-bailable offence and if he is detained by the police or if he is brought before a Board, such a person shall be released on bail. It is submitted that though exceptions carved out in the section does not apply in the facts and circumstances of the present case, the learned Sessions Judge has not taken into consideration the said aspect and rejected the appeal of the juvenile in conflict with law.

3.4 She further submitted that investigation in the crime in question is over and Charge-sheet is also filed and hence, there is no question of any tampering or hampering with the evidence.

3.5 The learned advocate for the applicant further submits that even as per the Report of the Probation Officer, nothing so adverse is forthcoming on record against the juvenile applicant and his conduct also appears to be good.

3.6 The learned advocate for the applicant submitted that Section 12 of the JJ Act mandates despite anything contained in the Criminal Procedure Code or under any law for the time being in force, juvenile be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. She further submitted that juvenile is entitled for bail and only if it appears that there is a reasonable ground for believing that his release is likely to bring that person in association with any known criminal, or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, he may not be released. Accordingly, it is urged that the applicant, a juvenile in conflict with law may be released on bail.

4. Learned advocate for the original complainant has, while submitting the affidavit of the original complainant, which is taken on record, stated at bar that the parties have arrived at out of Court settlement and the original complainant has