ORAL ORDER

RULE. Learned Additional Public Prosecutor appears and waives service of notice of rule on behalf of the respondent-State.

1. By this application filed under Section 102 of the Code of Criminal Procedure, 1973, the applicant is seeking release of the child in conflict with law on regular bail in connection with the FIR being I-C.R.No.11191033230558 of 2023 registered with Meghaninagar Police Station, Ahmedabad for the offences punishable under Sections 302, 294(B), 143, 147, 148, 149 and 337 of the Indian Penal Code, 1860 as also Section 135 (1) of the Gujarat Police Act as well as all proceedings arising out of the said FIR.

2. Learned advocate for the applicant submits that the role attributed to the role of the child in conflict with law is that he had taken an iron pipe and hit the deceased on his body and legs whereas the other co-accused have been attributed with taking dagger and heating the deceased on his head. That the Juvenile Justice Board and the learned City Civil Judge, Court No. 2 has rejected the application merely on the ground that child in conflict with law is alleged to have been involved in a very serious heinous crime under Section 302 of the Indian Penal Code, 1860.

2.1 Learned advocate for the applicant relies on the judgment passed in Criminal Appeal No. 299 of 2019 in the case of Shivam (Minor) versus State of Uttar Pradesh and Anr. by the High Court of Judicature at Allahbad wherein it is observed that the bail applications of juveniles, Juvenile Justice (Care and Protection of Children) Act, 2015 as under;

“11. It is pertinent to mention here that Section 12 of the Juvenile Justice (Care and Protection of Children) Act has not been amended so far as the parameters and yardstick for granting bail to the juvenile-accused is concerned. Therefore, while rejecting the bail application of such juvenile, it cannot be the criteria that the alleged offence is of serious and heinous nature. The order must show that the grant of bail to the juvenile-accused is against his interest as there is possibility of his being associated with known criminals; or there is some short of moral, physical or psychological danger to him or there is likelihood of end of justice being defeated. All these conditions have beenl incorporated in law in order to ensure justice to the juvenile.”

3. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the child in conflict with law, no discretion would be required to be exercised.

4. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the child in conflict with law on regular bail. This Court has considered the following facts while exercising discretion in favour of the child in conflict with law:-

(i) investigation is over and charge-sheet is filed;

(ii) there is no active role of the present child in conflict with law in the offence;

(iii) the applicant is directed to file affidavit before the Juvenile Justice Board at the time of the child in conflict with law that he will all take care to ensure that the child in conflict with law is not associated with any known criminals and he will not indulge in any criminal offence:

5. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the child in conflict with law on regular bail. Hence, present application is allowed and the child in conflict with law is ordered to be released on regular bail in connection with the FIR being I-C.R.No. I- C.R.No.11191033230558 of 2023 registered with Meghaninagar Police Station, Ahmedabad on the applicant executing personal bond of Rs.10,000/- (Rupees Ten thousand