The main legal point established is that the object of bail is to secure the accused's appearance at trial, and deprivation of liberty is tantamount to punishment, especially for juveniles.

JUDGMENT :

(Through Video Conference)

1. By medium of the instant application, the applicant/juvenile, namely, Junaid-ul-Islam S/o Ghulam Nabi Dar R/o Village Sail, Tehsil Awantipora, District Pulwama, through his father, is seeking his release on bail in connection with FIR No.03/2019 registered in Police Station Lakhanpur, Jammu, for the commission of offences punishable under Sections 13 ULA, 120-B RPC and 7/25 Arms Act.

2. Mr. G.N. Shaheen, the learned counsel for the applicant/juvenile, submits that the applicant/juvenile has been constrained to approach this Court for seeking the relief claimed hereinabove in view of the fact that the Court of competent jurisdiction, i.e., Juvenile Justice Board, Kathua, has refused to hand over the juvenile to his father on bond in terms of order dated 23rd of April, 2019. It is further submitted that the applicant/juvenile has not committed any offence of whatsoever nature, but has been implicated in the aforesaid FIR on a mere suspicion and that there is no legal bar in handing over the applicant/juvenile to his father on bond. It is pleaded that the applicant/juvenile is in custody of the Juvenile Home at R.S. Pura, thereby depriving him of his right to liberty in violation of the guarantees provided by Article 14 of the Constitution of India. It is further contended that the applicant/juvenile will abide by all the conditions, which this Court may impose on him while granting the bail and that the applicant/juvenile will not indulge in any illegal activity and will face the trial regularly. In the end, the applicant/juvenile has prayed that the instant application be allowed and the respondents be directed to release him from the custody forthwith.

3. Per Contra, the learned counsel representing the respondents, while resisting the submissions made by the learned counsel for the applicant/juvenile, submits that in case the applicant/juvenile is admitted to bail, there is every apprehension that he may get associated with unknown criminals/terrorists and that his release may also expose him to moral danger.

4. Heard the learned counsel for the parties, perused the pleadings on record and considered the matter.

5. Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the "Act of 2015"), as applicable to the Union territory of Jammu & Kashmir, provides that 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. In the case on hand, admittedly, the applicant has been found to be a juvenile after proper enquiry and, thus, the Juvenile Justice Board, Kathua, was required to consider the application filed by the applicant/juvenile in terms of the mandate of Section 12(1) of the Act of 2015, however, the Board has rejected the application on mere apprehension by observing that in case the applicant/juvenile is admitted to bail, there is every apprehension that he may again get associated with unknown criminals/ terrorists.

6. It, needs, must be said that the object of the Act of 2015 is to ensure proper care, treatment and protection to the juveniles and the Board had to consider the application filed by the applicant not only having regard to the fact that the applicant is a juvenile, but also in keeping with the scope of the Act of 2015. The Board, however, has, without there being any material and on mere apprehension, rejected the bail in favour of the applicant/juvenile.

7. The settled position of law, as evolved by Hon'ble the Supreme Court in a catena of judicial dictums on the subject governing the grant of bail, is t