IMPORTANT POINT
Bail for juveniles is a right under the Juvenile Justice Act, with decisions guided by the principles of best interest, presumption of innocence, and family responsibility, irrespective of the nature of the alleged offense.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard learned counsel appearing on behalf of the appellant/CICL and learned A.P.P. for the State.

2. The present appeal is being preferred against the order dated 13.09.2023 passed by learned 1st Additional Sessions Judge-cum-Children Court Judge, Saran at Chapra in connection with Children Case No. 08/2023, Registration No. 08/2023 arising out of Chapra Town P.S. Case No. 718 of 2022 for the offence under Section 302, 201 and 34 of the Indian Penal Code, by which the learned Court has refused to enlarge the appellant/CICL on bail.

3. Learned counsel appearing on behalf of the appellant/CICL submitted that the appellant/CICL is not named in the First Information Report (in short the ‘F.I.R.’) and he is in custody since 02.12.2022.

4. Learned counsel for the appellant/CICL submitted that from the certified copy of letter dated 03.01.2024, which has been placed and taken on record during course of hearing itself, in terms of this Court’s order dated 18.01.2024, it appears that the age of the appellant/CICL is seventeen (17) years five (5) months and seventeen (17) days on the date of occurrence.

5. Learned counsel submits that allegation against appellant/CICL is to commit murder of son of the informant along with other co-accused persons. It is submitted that name of appellant/CICL has surfaced during course of investigation and it appears first time while informant was recording his restatement, where it has been stated that he came to know from one Hassain Khan that his deceased son was ‘last seen’ with the appellant/CICL. It is submitted that save and except suspicion arises out of ‘last seen’ nothing incriminating material surfaced during the course of investigation which may connect the appellant/CICL with the present occurrence of murder.

6. It is further pointed out from Social Investigation Report (in short ‘S.I.R.’) that nothing appears adverse against this appellant/CICL out of which it can be said that appellant/CICL cannot join the mainstream of society after getting him reformed in due course of time. It is submitted that investigation of this case is completed and charge-sheet has been submitted and, as such, there is no chances of tampering with the evidence, if released on bail. The appellant/CICL is a man of clean antecedent.

7. Learned counsel appearing on behalf of the appellant/CICL submitted that father of the appellant/CICLis ready to stand as a surety and furnish an undertaking that he will take care of the appellant/CICL and shall ensure his studies as well as that he would not fall in bad company and would take all possible care to connect him with the mainstream of the society.

8. Learned counsel for the appellant/CICL relies upon Section 3 (i), (iv), (v) & (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015 [hereinafter referred to as ‘the Act’] which is quoted herein-below:

“(i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.

(iv) Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.

(v) Principle of family responsibility:-The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.

(xiv) Principle of fresh start:-All past records of any child under the Juvenile Justice system should be erased except in special circumstances.”

9. Learned counsel while referring to the above mentioned provisions submits that as per the scheme of the Act, there is presumption of innocence of a child in conflict with law and all decisions regarding the child shall be taken in consonance with the principle of best interest of the child. Learned counsel further submits that the principle of family responsibility and principle o