The primary responsibility of the biological family to care, nurture, and protect the child under the Juvenile Justice Act influenced the Court's decision to grant bail to the Child-In-Conflict with Law.

JUDGMENT

Ravindra Maithani, J. - The challenge in this revision is made to the followings:-

(i) The order dated 29.09.2022 passed in the Second Bail Application No. 123 of 2022, by the Juvenile Justice Board ('the JJ Board'), Haridwar, by which the second bail application of the revisionist seeking bail in FIR No. 733 of 2022 under Section 366A IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012, P.S. Bhagwanpur, District Haridwar, has been rejected; and

(ii) The judgment and order dated 19.10.2022 passed in Criminal Appeal No. 221 of 2022, Nirmala v. State of Uttarakhand, by the learned District & Sessions Judge, Haridwar, by which the bail rejection order dated 29.09.2022 passed by the JJ Board has been affirmed.

2. The revisionist is a Child-In-Conflict with Law ('the CIL'). She also seeks bail.

3. According to the FIR, the CIL took the victim, a young girl of 13 years of age, in a garden. There she left the victim in the company of the co-accused, who raped the victim.

4. It is argued that the CIL did not commit any offence; she is a young girl; she does not know what had happened; she has no role in any act that has allegedly been committed by the co-accused.

5. Learned counsel for the State would submit that the offence is heinous in nature. In fact, the State has not chosen to file any objections despite the opportunity having been given.

6. Today, at the time of hearing, learned counsel for the CIL has placed before the Court, the order passed by the JJ Board, Haridwar dated 29.09.2022 and as well as the report of the Probation Officer, which reveals that the CIL is a young girl; her family is poor; she has less understanding to distinguish between right and wrong; her family atmosphere is also good.

7. The father of the CIL seeks custody of the CIL.

8. A CIL is entitled to bail, irrespective of the offence being classified as bailable or non-bailable. The only rider which prevents release of a CIL on bail, even in bailable offence is contained in proviso to Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. According to it, a CIL may be denied bail even in bailable offences, if the release of the CIL may bring him in association to any known criminal or expose him to moral, physical or psychological danger, or otherwise his release may defeat the ends of justice.

9. The Act is based on certain principles, which are given under Section 3 of the Act and one of the principles is that it is the primary responsibility of the biological family or adoptive or foster parents, as the case may be, of a child to care, nurture and protect the child.

10. The Probation Officer's report reveals that the CIL has a family to look after her. The atmosphere of her house is good. They are poor people.

11. Having considered all these facts, this Court is of the view that in this case, there is no impediment in the grant of bail to the CIL. Accordingly, the revision deserves to be allowed.

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

13. The CIL be given into the custody of her 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 her 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.