JUDGMENT

Ravindra Maithani, J. - Instant revision is preferred against the following:-

(i) Order dated 20.08.2022, passed in Bail Application No. 78 of 2022, State vs. X, by the court of Juvenile Justice Board, Haridwar (for short, 'JJ Board'). By it the bail application of the revisionist, who is a Child in Conflict with Law (for short, 'the CIL') has been rejected and;

(ii) Judgment and Order dated 20.08.2022, passed in Criminal Appeal No. 173 of 2022, X vs. State of Uttarakhand, by the court of District and Sessions Judge, Haridwar (for short, 'the appeal'). By which, order dated 20.08.2022 of the JJ Board has been upheld. The revisionist seeks bail.

2. According to the FIR, the CIL enticed the victim, a young girl of 16 years of age and did galat kaam with her.

3. Learned counsel for the CIL would submit that the CIL and the victim, both were in relationship. In her statement given to the Investigating Officer, the victim has revealed her relationship with the CIL and has stated that they both went together and established physical relations.

4. It is argued that the CIL has a family to look after; he is not a criminal; he may be given in the custody of his father, so that he may stay with his family.

5. Learned State counsel would submit that the victim was a minor. The CIL established physical relations with her, which amounts to an offence.

6. A CIL is always entitled to bail irrespective of the offence being bailable or non-bailable. The only rider is given under Section 12(1) proviso of the Juvenile Justice (Care and Protection) Act, 2015 (for short, 'the Act'), according to which, a CIL may not be released on bail, if there appears reasonable grounds for believing that his release may likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice.

7. The principles which governs the Act are given under Section 3 of the Act. One of those principles defines the responsibility of biological family of the CIL. According to it, it is the primary responsibility of the biological family of a CIL to nurture, look after and take care of the CIL.

8. The CIL in the instant case, has family to look after. The Probation Officer's report is on record, which reveals that the CIL has a family to look after. There are members in his family. The CIL has no criminal antecedents.

9. Having considered the entirety of facts, this Court is of the view that it is a case which does not attracts the proviso to Section 12(1) of the Act. The best interest to the CIL could be served, if the CIL is given in the custody of his father. Accordingly, the revision deserves to be allowed.

10. The revision is allowed. The impugned judgments and orders are set aside.

11. The CIL be given into the custody of his father subject to production of two reliable sureties. The father of the CIL shall also give an undertaking that he shall take care of the CIL and shall not allow him to contact any of the witnesses or their family members. The father of the CIL shall also undertake that he shall also not contact either the witnesses or any of their family members.