IMPORTANT POINT
Juveniles are entitled to bail under Section 12 of the JJ Act unless there are compelling reasons to deny it, including assessments of their mental capacity.

ORDER :

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.

2. This application has been filed by the juvenile in conflict with law through his mother as a guardian under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereainafter referred to in short as the ‘JJ Act’) challenging the legality and the propriety of the order of the Juvenile Justice Board (for short ‘J.J. Board’) and the Children’s Court.

3. Mr. Kishan H.Daiya, learned Advocate for the applicant submitted both the courts have failed to appreciate section 12 of the J.J. Act and has erred in deciding the matter of the juvenile, as was dealing bail application under section 439 of the Cr.P.C. Advocate Mr. Daiya submitted that four of the major accused and three juveniles have been granted bail.

3.1 Advocate Mr. Daiya submitted that section 12 of the J.J. Act mandates despite anything contained in Cr.P.C. 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. Advocate Mr. Daiya submitted that juvenile is entitled for bail and only on that very provision of sub-section (1) of section 12 of the J.J. Act, such person who was considered as juvenile in conflict with law shall not be released, if it appears 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. Advocate Mr. Daiya submitted that Board as well as Children’s Court was required to record the reasons for denying the bail and circumstances, which led to such a decision.

3.2 Referring to the FIR, Advocate Mr. Daiya submitted that this denial of bail was alleged to be in the company of other co-accused, and the allegation was that, all of them had come with wooden stick and sharp weapon. Mr. Daiya further stated that specific allegations have been made against all the co-accused regarding assault, and when the complainant had intervened to resolve the dispute, he is alleged to have received a blow with the wooden stick, and because of that assault, he started bleeding from his head, and at that time, the complainant’s brother, mother and sister had taken him back in the house. It is alleged that, at that time, Satish alias Kaliya had come there with sword in his hand and along with him Arjun Dubey and father of Satish Kaliya – Vijay Dubey, both had come with the wooden stick.

3.3 Advocate Mr. Daiya further submitted that one Rahul is stated to be armed with sword and Vipul Rathod with wooden stick and Ajay too with the wooden stick. Advocate Mr. Daiya submitted that it is also noted in the FIR that mother and sister of Satish Kaliya had also come at that place and when they had tried to escape, they had started beating them incessantly in the lobby with the weapons, which were in the arms. Thereafter, specifically it was noted that Aditya alias Raj had given a blow on the head of sister with wooden stick, and at that time, the complainant’s maternal cousin Milind Prakash Bhambre had come to that place, and thereafter Mr. Daiya submitted that is alleged that Vipul, Ajay, Satish Kaliya and the present juvenile in conflict with law had taken them out from the lobby by beating them, and when crowd started to gather, they all ran away from the place; thus submitted that no prima facie case could be found against the present applicant to allege that he had inflicted any stick blow with any sharp weapon.

4. Countering the arguments, Ms. Zainab I.Bharmal for the complainant submitted that sharp cutting weapon known as ‘Koyta’ was recovered from the present juvenile in conflict with law with blood stain on it. Ms. Zainab submitted that victim Milind was injured with sharp weapon on the head and thigh of both the le