Bail for a Child in Conflict with Law is the rule, and refusal is exceptional, requiring clear evidence of potential danger or interference with justice per Section 12 of the Juvenile Justice Act.

Judgment :

A.C. Behera, J.

1. This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 [in short the 'J.J.(C&P) Act, 2015')] by the Child in Conflict with Law (in short 'CICL') being the petitioner challenging the dismissal order of the criminal appeal vide Criminal Appeal No.07 of 2024 passed on dated 27.06.2024 by the learned Additional District Judge-cum-Children's Court, Sundargarh confirming an order i.e. refusal of bail passed by Additional Juvenile Justice Board, Rourkela on dated 03.06.2024 in Special J.G.R. Case No.03 of 2024 arising out of Uditnagar P.S. Case No.199 of 2024.

2. The factual backgrounds of this revision under Section 102 of The J.J. (C&P) Act, 2015, which prompted the CICL(petitioner) for filing of the same is that, he (CICL/Petitioner) was brought before the Additional Juvenile Justice Board, Rourkela stating his involvement in a situation with a minor girl aged about five years in her house on dated 22.04.2024 at about 5.30 P.M., but, as per order dated 03.06.2024, Additional Juvenile Justice Board, Rourkela sent the petitioner(CICL) to the observation home rejecting his prayer for bail assigning the reasons that,

“the matter is at preliminary stage. Considering the nature of the allegation made and the stage of the case, the board found it not proper to release the CICL on bail”

3. For which, the CICL challenged the said rejection order of his bail preferring an appeal vide Criminal Appeal No.07 of 2024 under Section 101 of The J.J. (C&P) Act, 2015 before the learned Additional District Judge-cum-Children's Court, Sundargarh being the appellant.

The learned appellate court dismissed that Criminal Appeal No.07 of 2024 of the CICL on dated 27.06.2024 and confirmed the order of rejection of his bail passed by the Additional Juvenile Justice Board, Rourkela assigning the reasons that,

“due to peer group influence, the CICL was involved with the situation as per social investigation report, for which, the release of the CICL on bail will definitely defeat the ends of justice and there is every possibility of interference of the CICL into the matter of inquiry, if he is released on bail, for which, he (CICL) is not entitled to be released on bail.”

4. So, the CICL filed this revision under Section 102 of The J.J. (C&P) Act, 2015 challenging the above dismissal order dated 27.06.2024 passed by the learned Appellate Court in Criminal Appeal No.07 of 2024.

5. I have already heard from the learned counsel for the petitioner(CICL) and the learned Additional Standing Counsel for the State.

6. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the orders passed by the Additional Juvenile Justice Board, Rourkela in Special J.G.R. Case No.03 of 2024 as well as the appellate court in Criminal Appeal No.07 of 2024 for the refusal of bail of the CICL(petitioner) are not in conformity with law, for which, the said orders are not sustainable under law, to which, the learned Additional Standing Counsel for the State objected contending in support of the reasons assigned above by the Additional Juvenile Justice Board, Rourkela as well as the learned appellate court for the refusal of bail of the CICL(petitioner).

7. 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, the CICL can be denied with the privilege of bail, only, if, the court is 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