The seriousness of the crime alone is not sufficient to deny bail to a child in conflict with the law. Bail can be denied only if there are reasonable grounds to believe that release would bring the juvenile into association with known criminals or expose them to moral, physical, or psychological danger, or if release would defeat the ends of justice.

JUDGMENT :

Vivek Rusia, J.

1. Heard.

2. The applicant who is a child in conflict with the law has filed the present petition under section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 against the order dated 27.11.2020 passed by the Juvenile Justice Board and also against the order dated 4.1.21 passed by the Additional Sessions Judge, Khargone whereby he has been denied the benefit of bail.

3. The facts of the case in short are as under:

As per the prosecution story on 19.09.2020 deceased Pannalal S/o. Kashiram was working in his field. The present applicant came there for grazing goats. On a petty issue, the applicant is alleged to have given a stick blow on the back of the deceased Pannalal. He fell and became unconscious. His relatives took him to the Govt. hospital, Kasrawad where he was declared dead. On the basis of the investigation and Marg a criminal case (Crime No. 451/2020) for the offence under section 302 IPC was registered against the present applicant. His statement under section 27 of the Evidence Act was recorded. The stick was also recovered on his disclosure. The charge sheet has been filed.

4. For taking the custody of the child an application for release on bail was filed before the Juvenile Justice Board which has been rejected vide order dated 27.11.2020. Being aggrieved by the order dated 27.11.2020 a revision was filed before the Sessions Court and vide order dated 04.01.2021 the Sessions Court has rejected the application, hence the present revision before this Court.

5. Learned counsel for the applicant submits that the dispute arose on a petty issue. The applicant has no criminal past. At the most, an offence under section 304 Part-II is made out against the applicant. The Juvenile Justice Board as well as the revisional Court has mechanically dismissed the application for release of the applicant on bail. After the release of the applicant, he will not come in contact with any hard criminals. He is a young boy of a village who used to earn his livelihood by grazing goats, therefore, the application may kindly be allowed. In support of his contention learned counsel has placed reliance over the judgment passed by this Court in the case of Karan vs. State of M.P- CRR No. 5159/2018 decided on 14.01.2019 in which it has been held that the bail application of a child in conflict with the law cannot be rejected merely on the ground of seriousness of the crime. The only exception to grant of bail to a child in conflict with the law is the reasonable ground for believing that release would 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.

6. Learned counsel for the State opposes the application by submitting that at this very tender age the applicant has committed an offence of 302 IPC. The offence is heinous in nature, therefore, it is not proper to release him on bail and there is no reason to believe that after releasing on bail he will not be exposed to moral, physical or psychological danger.

7. It is correct that as per section 12 of the Juvenile Justice (Care & Protection of Children) Act a child in conflict with the law is entitled to bail with or without surety but if there appears reasonable ground for believing that release on bail is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, the bail can be denied to him. The parents of the applicant are poor agriculturists. The applicant used to graze goats in the village. There is no evidence that he was in association with any known criminal before the commission of the alleged crime and after his release on bail, he would again associate with them. The family background of the applicant is also not a criminal background, therefore, merely saying that his release would likely bring him in association with any