The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and the exceptions under Section 12(1) of the Juvenile Justice Act must be strictly adhered to.

JUDGMENT

Jaishree Thakur, J. (Oral). - The present revision petition has been filed to challenge the impugned order dated 22.06.2020 passed by the Juvenile Justice Board, Ludhiana, whereby, the bail to the present petitioner aged 15 years (who has already been declared juvenile) has been declined and the same has been affirmed by Additional Sessions Judge, Ludhiana vide judgment dated 07.08.2020. 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.94 dated 17.05.2020 registered under Sections 307, 376, 457, 511 IPC at Police Station Division No.7, Ludhiana. He moved an application for grant of bail before Juvenile Justice Board, but the same was dismissed. The appeal preferred by him before the Additional Sessions Judge, Ludhiana 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 prosecutrix/complainant stated that she was attacked by the juvenile and that he attempted to commit rape on her, and if released on bail he would come in close proximity to her as he resides near to the house of the complainant; and he may be exposed to moral and psychological danger and also his release would defeat the ends of justice, whereas, no such finding was recorded as to how he will come in contact with criminals and how he will be exposed to moral, physical or psychological danger, or that his release would defeat the ends of justice. Learned counsel also submits that the petitioner is a student and he is not a previous convict nor is associated in any kind of un-social or criminal activities. It is further argued that nothing has been brought on record so as to show that the petitioner is having any criminal background or any criminal case has been registered against any of his family member.

4. Learned counsel for the respondent-State opposes grant of bail to the petitioner on the ground of heinousness and seriousness of offence.

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, Ludhiana was also dismissed. The petitioner has been declined bail on the ground that in case, he is released on bail , he would come in association with known criminals and would be exposed to moral, physical and psychological danger apart from defeating the ends of justice.

6. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (here-in-after referred to as JJ. Act1) 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