The seriousness of the offence alone cannot justify denying bail to a juvenile under the Juvenile Justice Act. The grounds for denying bail should be based on specific risks outlined in the Act.

JUDGMENT

Jaishree Thakur J. - The present revision petition has been filed to challenge the impugned order dated 19.11.2020 passed by the Juvenile Justice Board, Sangrur, whereby, the bail to the present petitioner aged 16 years (who has already been declared juvenile) has been declined and the same has been affirmed by Additional Sessions Judge, Ludhiana vide order dated 24.12.2020. The petitioner, being juvenile, has prayed for setting aside the impugned orders passed by both the Courts below.

2. The case of the petitioner is that he was arrested in FIR No.148 dated 11.11.2020 registered under Sections 376, 376AB IPC and Section 6 of the POCSO Act at Police Station Moonak, District Sangrur. He moved an application for grant of bail before Juvenile Justice Board, Sangrur but the same was dismissed. The appeal preferred by him before the Additional Sessions Judge, Sangrur was also dismissed.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has been dismissed by both the Courts below only on the ground that the victim is aged five years and since the petitioner and the victim belong to the same village, his release would defeat the ends of justice, though a perusal of the order passed by the Additional Sessions Judge, Sangrur would reflect that there is no evidence on record to establish that there is likelihood of juvenile herein coming in association with any known criminal or his release on bail would expose him to moral, physical or psychological danger. He also submits that the petitioner is in observation home since 09.11.2020 and he is ready to abide by all the terms and conditions that may be imposed by this Court while considering the petition of the petitioner herein for grant of bail.

4. Learned counsel for the respondent-State opposes grant of bail to the petitioner on the ground of seriousness of offence as the victim is aged five years.

5. I have heard learned counsel for the parties and have also perused the impugned orders as well as the allegations levelled in the FIR. Admittedly, on the basis of the allegations levelled in the complaint, the FIR, in question, was registered against the petitioner. The petitioner was tried by Juvenile Justice Board, where, he moved an application for grant of bail, being juvenile, which was dismissed. Thereafter, an appeal filed against the said order before the Additional Sessions Judge, Sangrur was also dismissed. The petitioner has been declined bail on the ground that release of the petitioner on bail would defeat the ends of justice.

6. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (here-in-after referred to as 'J.J. Act') is relevant in the present controversy, which is reproduced as under :-

"12. Bail to a person who is apparently a child alleged to be in conflict with law.

(1) 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 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: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.( emphasis supplied)

(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be