Bail should be granted for minors under rehabilitation principles if family support is assured and no serious risk to public safety exists.

ORDER

1. Rule. Learned APP waives service of notice of Rule for the respondent – State.

2. By this application filed under Section 439 of the Code of Criminal Procedure , 1973, the applicant, who is the mother of the Child in Conflict with Law, is seeking release of her minor son on regular bail in connection with the FIR being C.R.No.11202009231234 of 2023 registered with Jamangar City “C” Division Police Station, District Jamnagar for the offences punishable under Section s 307 , 504 and 114 etc. of the IPC and under Section 135 (1) of the G.P.Act.

3. The Child in Conflict with Law was arrested in connection with the above mentioned FIR and was sent to the Children Observation Home at Rajkot. The bail application being Criminal Misc. Application No. 1386 of 2023 was preferred before the Juvenile Justice Board and the same was rejected on 03.08.2023 by the Principal Magistrate, Juvenile Justice Board, Jamnagar on the ground that if the Juvenile will be released on bail then there are more chances of his involvement in bad company and illegal activity or expose him to moral, physical or psychological danger or another crime and his release would defeat the ends of justice and there are chances of danger to his life. Thereafter, the said order was challenged through his mother by filing Criminal Appeal No. 246 of 2023 before the learned Sessions Court, Jamnagar and the said appeal was also rejected by the learned Sessions Judge on the ground that the minor was having fierce temper and has no activity to do and passing his time with his friends who indulge in the illegal activities.

His father is having past antecedents and has stayed about 9 months in jail for some other offence and hence, if the minor is released on bail, then it will be very harmful to his life and security and also affect its mental health. Hence, present application is filed

4. Learned advocate Mr. Premal Rachh for the Child in Conflict with Law has submitted that the sister of the Child in Conflict with Law namely Sejalben, who is residing in Bhavnagar is ready and willing to take the minor at her home. He further submits that co-accused have been released on bail and the injured is discharged from the hospital and therefore, considering the above, the present Child in Conflict with Law may be enlarged on regular bail by imposing suitable terms and conditions.

5. 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 the Child in Conflict with Law, no discretion would be required to be exercised. However, he has placed a report of the Investigating Officer stating that statement of sister of the Child in Conflict with Law is recorded who is ready and willing to keep the the Child in Conflict with Law with her where she is residing.

6. 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 the Child in Conflict with Law on regular bail. This Court has considered the following facts while exercising discretion in favour of the the Child in Conflict with Law:-

(i) the the Child in Conflict with Law is in Children Observation Home, Rajkot since 01.07.2023; (ii) the investigation is over and the charge-sheet is filed;

(iii) no past antecedent;

(iv) co-accused having similar role have been released on regular bail;

(v) learned APP place report prepared by the Investigating O