The main legal point established in the judgment is the need to consider the provisions of the Juvenile Justice Act, 2015, particularly Section 15 and 18, in bail applications for children in conflict with law, emphasizing the reformative nature of the Act and the need for supervision and intervention for children below the age of 16 years who have committed heinous offences.

ORDER :

1. This Revision Application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “the Act”) is moved by the applicanta minor, through his father praying for to enlarge him on regular bail in connection with FIR no. 11192064220162/2022 registered with Dholka Rural Police Station, Ahmedabad Rural for the offence punishable under Sections 302, 201 and 114 of the IPC and Section 135 of the Gujarat Police Act.

2. Mr. Y.M. Thakore, learned advocate for the applicant submits that the juvenile in conflict with law at the time of the alleged offence was 15 years and 11 months and thus, states that he would be proceeded only before the Juvenile Justice Board, where the allegation against him is under Sections 302, 201 and 114 of the IPC. The allegation against the juvenile in conflict with law is that he had assisted another juvenile in conflict with law, aged about 17 years, who had inflicted knife blows on the deceased, where the allegation is that both the juveniles in conflict with law had called another accused – Shaileshbhai to assist them in disposing the dead body and accordingly, as per the allegation, Shaileshbhai came on his motorcycle bearing registration no.GJ-38 AF-7640 and it is alleged that all the 3 had disposed of the body in Narmada canal near Chandisar- Ambaliyara.

3. Mr. Pranav Trivedi, learned APP submits that if the juvenile in conflict with law below the age of 16 is released on bail, he would certainly fall in bad company and the possibility of his improving would be very minimal.

4. It appears that the report of the Probation Officer has not been taken into consideration by the J.J. Board. The J.J. Board, though has referred to the provision of Section 12 in the order and without even calling for Probation Officer’s report and observing the same regarding the mental status of the child without even following the conditions as laid down in Section 18 of the Act, has rejected the bail application. The Appellate Court too has failed to even consider the provisions of the Act and failed to observe the provisions as laid down under Section 18 of the Act.

5. In the case of Child in Conflict with Law Through Savitaben Vitthalbhai Vasava v. State of Gujarat, 2022 (0) AIJEL-HC 244005 (passed in CRRA no.901 of 2021 on 28.04.2022), it has been observed as under:-

“15. Explanation to Section 15 of the JJ Act, 2015 stipulates that in case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequence of the offence and the circumstances in which he allegedly committed the offence and then may pass an order in accordance with the provisions of sub-section (3) of Section 18. Thus, the whole endeavour of the JJ Act, 2015 is to protect a child in conflict with law from the path of destruction and being a menace to the Society. The object is reformative and not retributive.

16. Now, under these circumstances upon preliminary assessment made by the JJ Board under Section 15(2) of the JJ Act, 2015 and when the need is found for the trial of the child as an adult and his case is ordered to be transferred to the Children’s Court, the relevant consideration would be whether the child in conflict with law de-jure become an adult to be treated as a child in the subsequent proceedings and thus the question would be whether the application for bail would be maintainable in the High Court under Section 439 for the child in conflict with law, who is sent for trial before the Children’s Court or whether the application for bail should be considered under Section 12 of the JJ Act.

17. Section 12 of the JJ Act, 2015 which deals with the grant of bail to a child expressly contains the non-obstante phrase to be as “.... notwithstanding anything contained in the Code of Cr