The specific provisions of the Juvenile Justice Act, particularly section 12, govern the grant or denial of bail to a juvenile, and the general bail provisions under Cr.P.C. have no application in such cases.

JUDGMENT :

Anup Jairam Bhambhani, J.

1. The applicant, who is stated to be a juvenile less than 17 years of age at the time of the alleged offence, is an accused in case FIR No. 297/2019 dated 08.06.2019 registered under sections 302/201/34 IPC at PS: Khajuri Khas, Delhi. The applicant seeks release on bail from the Observation Home where he is housed since 09.06.2019 i.e., for about 1 year and 3 months.

2. Mr. R.D. Rana, learned counsel for the applicant submits that the essence of the allegation in the FIR, which has since culminated in the filing of a charge-sheet before the Principal Magistrate, Juvenile Justice Board, New Delhi, is that the applicant/child in conflict with law ('CCL-A', for short), alongwith another juvenile and two adult co-accused, caused the death of one Naeem Ansari. The death is alleged to have been caused by the use of knives. The essential role imputed to CCL-A is that he was present at the spot, where the other juvenile alongwith one of the co-accused, made a cellphone-call to the victim calling him to the spot on the pretext of smoking hookah, where the victim was subsequently done to death by the other co-accused.

3. Mr. Rana submits that according to the prosecution, the genesis of the incident was certain objectionable photos/videos of the sister of the other juvenile, which are alleged to have been in the possession of the deceased; and it was to get these photos/videos deleted that the deceased was called to a certain place; and upon the deceased refusing to delete them, the allegation goes, one of the adult co-accused sprinkled chilli powder in his eyes while the other adult co-accused held the hands of the deceased from behind, whereupon the two adult co-accused and the other juvenile attacked the deceased with knives one-by-one.

4. Mr. Rana points-out that the essence of the allegation against CCL-A is summarised in the following portion of the charge-sheet:

"Azeem caught hold the hand of deceased Naeem from behind, thereafter CCL 'S', Muzammil and Azeem attacked Naeem with knives one by one. In the meantime Accused CCL 'A' ran away from the spot."

(names of CCLs redacted)

5. Counsel further points-out that no other or further role is ascribed to CCL-A and nothing other than CCL-A's clothes were taken into possession during investigation; whereupon CCL-A was produced before the Juvenile Justice Board ('JJB', for short) and was remanded to the Observation Home.

6. Reference in this behalf is made to the following portion of the charge-sheet:

" During the investigation, the clothes of both the CCL 'A' and 'S' were also taken into possession, were produce before JJB V and were sent to observation home. "

(names of CCLs redacted)

7. Counsel also points-out that the customer application form of the cellphone connection associated with CCL-A shows that the cell-phone number is admittedly not registered in his name; and the charge-sheet further records that CCL-A's whole family has been using the same cell-phone. In this regard, the following portion of the charge-sheet is relevant:

"CDR and CAF of CCL 'A' bearing No. 8368352859 was also recovered this phone is registered in the name of brother of CCL 'A' namely BLANK and whole his family has been using the same and BLANK sister of the CCL 'A' has been using this mobile also and there is record of long duration calling from this phone with Naeem Ansari deceased."

(reference to CCL redacted)

8. Although there is an allegation in the charge-sheet that phone-calls were made by CCL-A to the other co-accused, the purport and consequences of such phone-calls are clearly a matter of trial. The charge-sheet further records that the ages of the two juveniles, including the present applicant/CCL-A, were verified; and it was found that the date of birth of CCL-A is 03.09.2002, which would make him less than 17 years of age as on the date of the alleged offence, which is 07.06.2019.

9. Mr. Rana submits that order dated 01.10.2019 on the preliminary assessment of CCL-A u