The Juvenile Justice Act mandates bail for juveniles unless exceptional circumstances exist, which were not present in this case.

ORDER :

(PRAVEER BHATNAGAR, J.)

1. The revision petition filed by the children in conflict with law under Section 102 of the Juvenile Justice (Care and Protection of Children) Act of 2015 against the order dated 03.02.2025, passed by learned Juvenile Court (District and Sessions Judge), Bharatpur, in Criminal Appeal No.50/2025 (CIS No.50/2025) affirming the order dated 21.01.2025 passed by Principal Magistrate, Juvenile Justice Board, Bharatpur, in FIR No.10/2025 registered at Police Station Sikri, District Deeg, whereby, the bail applications of the children in conflict with law have been dismissed for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2), 317(4), 317(5), 303(2), 111(2)(a), 313 and 61(2)(a) of BNS and Sections 66D and 67 of IT Act.

2. Learned counsel for the children in conflict with law submits that the children in conflict with law have falsely been implicated in this case. It is contended that the children in conflict with law are in Observation Home, Bharatpur, since long. Investigation/trial of the case may take considerable time, therefore, this revision petition of the children in conflict with law may be allowed.

3. Learned Public Prosecutor vehemently opposed the revision petition.

4. Heard and perused the entire material available on record.

5. The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by them and bail can be denied only in the case where there appear reasonable grounds for believing that the release is likely to bring them into association with any known criminal, or expose them to moral, physical or psychological danger, or that their release would defeat ends of justice.

6. In this context, this Court also scanned through the record and perused the orders passed by the courts below.

7. Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, this Court does not find any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015.

8. Therefore, considering the position of law as stated above, the arguments advanced by the learned counsel for the parties and looking to the fact that investigation/trial of the case may take considerable time, without commenting anything on merits of the case, I deem it just and proper to enlarge the children in conflict with law on bail.

9. In view of the aforesaid discussion, this revision petition is allowed and the order dated 03.02.2025, passed by Juvenile Court (District and Sessions Judge), Bharatpur, and order dated 21.01.2025, passed by Principal Magistrate, Juvenile Justice Board, Bharatpur, declining bail to the children in conflict with law is hereby set aside.

10. Accordingly, it is ordered that the children in conflict with law namely, 1. "Mxxx" S/o Fakruddin 2. "Aa" S/o Iliyas, shall be released on bail in FIR No.10/2025 registered at Police Station Sikri, District Deeg, upon furnishing personal bond by their natural guardians in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- to the satisfaction of learned Juvenile Justice Board with the stipulation that on all subsequent dates of hearing, they shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that their guardians shall properly look after the delinquent children and secure them away from the company of known criminals.