The release of a juvenile on bail is a right, and rejection thereof is an exception, as per Section 12 of the Juvenile Justice Act.

ALOK SINGH, J (ORAL)

1. Satbir juvenile has approached this Court for enlarging him on bail in FIR No.61/2010 under Sections 302/201/34 of the Indian Penal Code, Police Station Khaidki Daula, District Gugaon.

2. In brief prosecution story is that on 6.3.2010 at about 11.00 p.m. the present accused and his co-accused, namely, Shishpal, Mukesh and Monu have murdred 15 years old boy Atul and thereafter have dumped his body in dustbin. The petitioner was arrested on 7.3.2010. The bail application moved by the petitioner was dismissed vide order dated 1.6.2010 by Principal Magistrate, Juvenile Justice Board, Gurgaon, on the ground investigation is still pending and there is every possibility of juvenile to try to tamper with the evidence, which would defeat the ends of justice. Feeling dissatisfied, juvenile has filed statutory appeal, which was also dismissed vide impugned order dated 15.6.2010 by Additional Sessions Judge, Gurgaon, observing therein that petitioner is the main accused; it was a blind and cold blooded murder; victim was also child, therefore, if petitioner is released on bail, it would defeat the ends of justice.

3. I have heard the learned counsel for the petitioner as well as Deputy Advocate General, Haryana, Mr. Gaurav Dhir.

4. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 reads as under: -

“12. Bail of juvenile.-(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.”

5. In the opinion of this Court, Section 12 of the Act mandates that whenever a juvenile is arrested or detained or appears or brought before the Board, such juvenile shall be released on bail with or without surety or shall be placed under the supervision of probation officer under the care of any fit institution or fit person, but shall not be so released if there appears reasonable ground that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Both the Courts below have not recorded any finding that release of the petitioner-juvenile on bail shall bring him in association with any known criminal or shall expose him to moral, physical or psychological danger or otherwise would defeat the ends of justice.

6. Undisputedly, present petitioner-juvenile does not belong to any criminal family nor any such material is placed before this Court that any family member of the accused juvenile has criminal history, hence in the absence of any such material it would not be safe to suggest that in case juvenile is released there is likelihood that he will meet or come into the contact with any known criminal and there is no material to suggest that in the event of his release, he will expose to moral, physical or psychological danger. Finding of the Court that he is invo