Bail for children in conflict with the law is the rule, denial requires substantial evidence meeting specific statutory criteria; absence of such justifies reversal of a bail denial decision.

Judgment :

A.C. Behera, J.

1. This is an appeal under Section 101 (5) of the Juvenile Justice (Care and Protection) Act, 2015 (in short „the JJ(C&P) Act, 2015), which has been preferred by the appellant(CICL) challenging the rejection order of his bail passed on dated 11.03.2024 by the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna in J.C.T. No.51 of 2023 arising out of Biswanathpur P.S. Case No.96 of 2023.

2. The factual backgrounds of this appeal under Section 101 (5) of the J.J.(C&P) Act, 2015, which prompted the CICL for preferring the same is that, when as per order dated 11.03.2024 in J.C.T. Case No.51 of 2023, the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna rejected the bail application of the CICL assigning the reasons that,

“the CICL(appellant) was involved in the situations/circumstances with the victim and no document is filed regarding the probable date of his examination,”

Then, he (CICL) preferred this appeal being the appellant challenging the said order of rejection of his bail passed on dated 11.03.2024 in J.C.T. No.51 of 2023, by the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna.

3. I have already heard from the learned counsel for the appellant and the learned Standing Counsel for the State, as the so-called aggrieved person of the matter did not choose to participate in the hearing of this appeal in spite of receiving notice for the same through the learned Additional Standing Counsel for the State(Respondent).

4. During the course of hearing of this appeal, the learned counsel for CICL/appellant submitted that, the CICL(appellant) is a student of Diploma in Mechanical Engineering course and he is very much interested for his study, but, the rejection order of his bail passed by the learned Additional Sessions Judge-cum-Special Judge(Children's Court), Bhawanipatna is not in conformity with law, because, the said order is not fulfilling any of the essentials of the proviso to Section 12 of the J.J.(C&P) Act, 2015 for the denial of right of privilege of bail of the CICL.

5. As per the provisions of law envisaged in the proviso to Sub- section(1) of Section 12 of the J.J.(C&P) Act, 2015, a CICL can be denied with the privilege of bail, only if, the court of the opinion that,

(i) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or

(ii) shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice and

6. The necessary essentials/criterias indicated above in (i) and (ii) of the proviso to Sub-section(1) of Section 12 of J.J.(C&P) Act, 2015 must be there in the record to make out any of the above grounds out of two, which may persuade the court not to release the CICL on bail.

7. As per the J.J.(C&P) Act, 2015, the nature and gravity of the situations/circumstances, in which, the CICL was involved, has no significance or bearing in the matter of consideration of bail of a CICL.

So, a CICL has to be released on bail irrespective of the nature and gravity of the situations/circumstances, if the necessary criterias indicated in the proviso to Sub-section(1) of Section 12 of the J.J.(C&P) Act, 2015 for the refusal of the same are not fulfilled.

8. The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted / drafted to reform the child. The object of the J.J.(C&P) Act, 2015 is, to achieve the betterment of the child including CICL. It has a reformative approach. If it is found that, the ends of justice would be benefited or the, de