IMPORTANT POINT
The court reinforced that the Juvenile Justice Act prioritizes the best interests of the child, allowing bail unless significant risks are present.

JUDGMENT :

Alok Kumar Verma, J.

The proposed Revision has been preferred under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, “Act, 2015”) challenging the judgment dated 05.07.2023, passed by learned F.T.C./Additional District and Sessions Judge (POCSO) Rudrapur, District Udham Singh Nagar in Criminal Bail Appeal No.91 of 2023, whereby, the learned Appellate Court has dismissed the Appeal and affirmed the order dated 22.05.2023, passed by Juvenile Justice Board, Udham Singh Nagar (in short, “Board”) in Bail Application No.42 of 2023, filed through his father under Section 12 of the Act, 2015 in respect of Case Crime No.75 of 2023, registered at police station Rudrapur, District Udham Singh Nagar, was rejected.

2. Revisionist is detained in the Observation Home for the offence under Sections 363, 376, 506 of the Indian Penal Code, 1860 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

3. Heard Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Pavan Kumar Nath, learned counsel for the revisionist and Mr. Sandeep Sharma, learned Brief Holder for the State.

4. Admit.

5. Learned Senior Advocate submitted that the revisionist has been falsely implicated in the present matter. The medical report of the alleged victim does not support the case of the prosecution. Revisionist was a regular student of Inter College. He does not have any criminal antecedents. He is a permanent resident of District Almora, therefore, there is no chance of his absconding, and, he has been in Observation Home since 02.02.2023.

6. Learned counsel for the State has opposed the Revision. However, he has fairly conceded that as per the Social Investigation Report, the revisionist’s conduct and behavior are good and there is nothing on record to indicate that the revisionist had earlier been involved in any unacceptable activities.

7. Undisputedly, the revisionist was juvenile at the time of the alleged offence. Section 12 of the Act, 2015 deals with bail to juvenile, which reads 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 (2 of 1974) 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 person’s 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.

(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 or a place of safety, as the case may be in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.”

8. While implementing the provisions of the Act, 2015, the Court shall be governed by th