The court established that the Juvenile Justice Act does not require the complainant's notification in bail proceedings for children in conflict with law.

ORDER

1. The instant revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, hereinafter referred to as the "Juvenile Justice Act") has been preferred by the accused petitioner, being a child in conflict with law (for short, hereinafter referred to as "CICL"). The petitioner was confined in connection with FIR No. 162/2020 registered at Police Station Sadar, District Bhilwara for the offence under Section 379 IPC and is lodged at the Observation Home, Juvenile Justice Board, Bhilwara. The bail application preferred on his behalf by his natural guardian (mother) under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Paladi, Bhilwara by order dated 19.06.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act also stands rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bhilwara by order dated 24.06.2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 102 of the Juvenile Justice Act.

Issue notice to the respondent No.l-State only.

2. Learned Public Prosecutor has raised a preliminary objection that the revision cannot be decided in absence of notice to the complainant respondent No.2 Bharat Kumar.

3. I have considered the said submission in light of the relevant legal provisions. It may be stated here that Sections 12, 101 and 102 of the Juvenile Justice Act are the provisions dealing with the prayer for bail made on behalf of the CICL at different stages. These provisions are quoted herein below for the sake of convenience :-

12. Bail to person who is apparently a child alleged to be in conflict with law.- (1) When any person, who is apparently a child and is 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 (2 of 1974) 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 fit person:

Provided that such person shall not be so 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.

(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in -charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.

101. Appeals.-(1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children's Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate:

Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the