The gravity of the offence and the potential threat to society should be considered in determining the grant of bail to a juvenile under the Juvenile Justice Act, 2015.

JUDGMENT

Sanjay Dwivedi, J. - Although this matter is listed for consideration of I.A. No.7896/2020, an application for grant of bail, but considering the facts and circumstances and also the arguments advanced by learned counsel for the parties, this matter is heard finally.

2. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Child) Act, 2015 (hereinafter referred to as the 'Act, 2015') has been filed by the applicant for grant of bail in connection with Crime No.35/2020 registered at Police Station Makroniya, District Sagar for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

3. As per the allegations attributed against the present applicant, on 28.01.2020, the complainant Chain Singh has lodged a dehati nalisi that his brother namely Ramgopal Patel resides at Gali No.3, Anand Nagar, Makroniya with his family but since last four to five days despite trying to contact him on phone, neither he was connecting nor responding. Thereafter, the complainant went to his brother's house and found that his house was locked, and on inquiring from the children of the school when nothing was found, then he came back to his brother's house and shifted the glass of the window then saw that the dead bodies of his brother, sister-in-law and his nephew Adarsh were lying on the floor. The present applicant was not present in the house and his mobile was switched off. The complainant doubted over the conduct of the present applicant and as such, informed the police and then dehati nalisi was registered and investigation was started by the police and ultimately, it is found that the present applicant committed murder of his mother, father and brother.

4. Learned counsel for the applicant submits that the applicant is a juvenile and in jail since 30.01.2020. He further submits that this Court on earlier occasion has called the report regarding conduct of the applicant during the period of custody and as per the said report, nothing unusual is found in the conduct of the applicant and his behaviour was also normal. He also submits that considering the period of custody of the applicant who is a juvenile, he may be enlarged on bail.

5. In compliance to the order passed by this Court on 08.10.2020, Mr. J.P. Thakur, Incharge Town Inspector, PS Makroniya, District Sagar is present today through video-conferencing alongwith the case-diary with learned Panel Lawyer for the respondent/State to apprise this Court about the conduct of the applicant/accused. In turn, he has informed that the conduct of the applicant is normal and nothing unusual is reported against him. However, learned Panel Lawyer submits that looking to the gravity of the offence committed by the applicant/accused, he is not entitled to be released on bail and this revision deserves to be dismissed.

6. I have considered the arguments advanced by learned counsel for the parties. Section 12 of the Act, 2015 deals with grant of bail to a juvenile and provides as to under what parameters, the bail can be considered. In assessing the merit of rival submissions, it would, at the outset, be necessary to advert to Section 12 of the Act, 2015:-

"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, physica