Under Section 12 of the Juvenile Justice Act, 2015, the general presumption in favor of bail for juveniles can be overridden if the release is likely to expose the child to moral, physical, or psychological danger or would defeat the ends of justice.

Order on Board

1. The present Criminal Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short “the Act, 2015”) has been preferred against the impugned order dated 30.12.2025 passed by learned Additional Sessions Judge (FTC) & Children Court, Bilaspur (CG) in Criminal Appeal No.321/2025, upholding the order dated 11.12.2025 passed by the Principal Magistrate, Juvenile Justice Board, Bilaspur (CG) whereby the bail application of applicant ‘SY’ (For sake of convenience, the applicant is referred to as ‘SY’) in connection with Crime No. 624/2025 registered at Police Station Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 119(2), 192(3), 296, 115(2), 351(3), 103(1) of BNS, 2023 has been rejected.

2. As per the prosecution’s case, on 28.11.2025, a complaint was lodged at Bilha police station, Bilaspur, alleging that the complainant was attending a wedding function with friends, including co-accused Sandeep and Ramprasad, and two minors. During the dance, Sandeep allegedly abused and slapped the complainant due to accidental hand contact. When the complainant's uncle, Badku @ Rambhajan Yadav, intervened, the applicant and other co-accused started beating his uncle and threatened to kill him, while another juvenile co-accused stabbed his uncle three times with a knife due to which he fell on the ground. Badku @ Rambhajan Yadav was taken to the hospital and during treatment he was declared dead by the doctor. Following an investigation, offence was registered against the applicant and other co-accused and the applicant was arrested on 29.11.2025.

3. Learned counsel for the applicant submits that the applicant has no criminal antecedents, he is innocent and has been falsely implicated in the crime in question. He submits that as per postmortem report, the deceased sustained only stab injuries which are alleged to have been caused by the juvenile co-accused and not by the applicant. The applicant is a student of 12th Class and he is in the observation home since 29.11.2025. He further submits that there is no likelihood that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger. The learned Courts have in mechanical manner rejected the bail. Considering the provisions of the Act, 2015, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposes the prayer for the grant of bail and submits that the applicant along with other juvenile and major co-accused assaulted the deceased with hands and fists and one juvenile co-accused stabbed the deceased with knife. Hence, considering the nature of offence, the applicant does not deserve to be released on bail.

5. I have heard learned counsel for both the parties and perused the material available on record.

6. Section 12 of the Juvenile Justice (Care and Protection of Children) Act (for short “the Act, 2015”) makes it absolutely clear that a child alleged to be in conflict with law should 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. The only embargo created is that in case the release of the child is likely to bring him into association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied.

7. The bail appl