Bail for a juvenile is the statutory rule, and refusal is an exception permitted only on specific criteria. The gravity of an offence is not a ground for denial; courts must demonstrate reasoned, objective evidence of risk, while ensuring the preservation of the juvenile's identity and privacy.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard learned counsel for petitioner and learned counsel for State.

2. This criminal revision has been preferred for setting aside judgment dated 18.12.2024 passed by the learned Additional Sessions Judge-I Cum Special Judge, Children Court, Latehar in Criminal Appeal No.69 of 2024 whereby the learned court has been pleased to reject the criminal appeal and has affirmed the order dated 19.07.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Latehar in connection with Chandwa P.S. Case No.92 of 2023, Special POCSO Case No.36 of 2023, corresponding to Juvenile Case No.18/2023, registered under sections 376A, 376AB, 377, 302, 201 of IPC and Section 4 /6/8/10 of POCSO Act, pending in the Court of learned Principal Magistrate, Juvenile Justice Board, Latehar.

3. Learned counsel for the petitioner submits that the petitioner was aged 17 years and six months and 10 days at the time of alleged crime. He further submits that the petitioner has been in remand home since 21.4.2023 and he has remained in custody for 2 ½ years. He then submits that if the petitioner will be convicted, he will be convicted for three years whereas he has remained in custody for 2 ½ years. He next submits that the petitioner is being represented through his Uncle and his Uncle is ready to undertakes to keep the petitioner in good behaviour and character in future and will prevent him from associating with any known criminal and from exposing him to moral, physical or psychological danger and he is ready to swear an affidavit in this regard. He also submits that the learned court has rejected the bail of the petitioner considering the heinousness.

4. Learned counsel for the State opposes the prayer and submits that there is likelihood that if the petitioner will be released, he will come into the association of the dreaded criminals and will be exposed to moral, physical or psychological danger and on these grounds, he submits that the petitioner may not be enlarged on bail and he next submits that the learned courts have rightly passed the orders as the allegation against the petitioner is serious in nature.

5. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that Section 12 of the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and juvenile can be denied bail only on the following three grounds (i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or (ii) expose the said person to moral, physical or psychological danger, or, (iii) the person’s release would defeat the ends of justice.

6. From Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juvenile are also no relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is app