The central legal point established in the judgment is the consideration of the age of the juvenile accused and the provisions of the Juvenile Justice Act in deciding on the bail application.

ORDER :

1. Rule. Learned APP waives service of notice of rule for and on behalf of respondent-State.

2. By way of preferring this Criminal Revision Application under Section 102 of Juvenile Justice Act, 2015, applicant has prayed for following relief :

“(A) Be pleased to quash and set aside the order dated 20.05.2022 passed in Criminal Appeal No.140/2022 passed by Ld. City Civil & Sessions Court, Ahmedabad & order dated 04/05/2022 passed by Juvenile Justice Board and further be pleased to enlarge the applicant on bail in exercise of powers U/S 102 of Juvenile Justice Act, 2015 by granting the regular bail in connection with the F.I.R. being PART-A-11191066220496/2022 dated 22/04/2022 for the offence punishable U/S. 377, 323, 506(1) of Indian Penal Code & U/S. 3(A), 4 & 18 of Protection of Children from Sexual Offences Act, 2012, registered with VASNA POLICE STATION, AHMEDABAD CITY on such terms and conditions as may be imposed by this Hon’ble Court.”

3. Heard learned advocate appearing for the applicant and learned APP appearing for the respondent-State.

4. Learned advocate appearing for the applicant submits that applicant is aged about 16 years and 8 months, innocent and falsely implicated as an accused in the present offence. That applicant is residing with her widow mother and shall opt his further study in the commencing academic year. That applicant has no criminal antecedents. Hence, it is requested by learned advocate for the applicant to allow present applicant.

5. Learned APP appearing for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and requested to dismiss the present application.

6. Having heard learned advocate for the applicant and learned APP appearing for the respondent-State, it appears from the FIR dated 22.04.2022 that on 21.04.2022, applicant-juvenile accused had taken minor son of the complainant aged about 13 years to the terrace of Block No.C of his flat forcibly while playing with his friends and had done sodomy (unnatural sex) with the minor son of the complainant at about 9.00 p.m. It further appears that applicant-juvenile accused had also threatened to kill minor son, if the incident of sodomy (unnatural sex) is disclosed to anyone. Hence, present FIR is lodged. It further appears that applicant-juvenile accused had been arrested on 22.04.2022 and sent to the Children Observation Home @ Khanpur and is in observation home since 21.04.2022.

7. Here, this Court would like to refer Section 12 of the Juvenile Justice (Care and Protection) of Children Act, 2015 which provides as under :

“(1) When any person, who is apparently a child and is a alleged to have committed a bailable or non bailable offence, is apprehended or detained by the police or appears or brought before a Board, Such Person shall, notwithstanding anything contained in the code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any person.

Provided that such person shall not be released if there appears reasonable grounds for believing that the release is likely to bring that person into 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, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.”

8. From the record before this Court and submissions made by learned advocate appearing for the applicant and learned APP appearing for the respondent-State as well as considering the age of the present applicant at 16 years and 8 months, prayer made by the present applicant requires consideration.

9. Accordingly, present application is hereby allowed. The impugned judgment and order dated 20.05.2022 passed in Criminal Appeal No.140/2022 passed by Ld. City Civil & Sessions Court, Ahmedabad & order dat