Bail for a child in conflict with law is governed exclusively by the special juvenile statute, which overrides general criminal procedure. Granting bail is the norm; denial is exceptional and requires specific, recorded reasons regarding danger or obstruction of justice, necessitating assessment of the child’s cognitive maturity.

ORDER :

1. RULE. Learned advocates appearing for the respective respondents waives service of notice of Rule.

2. The applicant herein is the child in conflict with law (CCL) aged about 13 years, through his father, under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to in short as the ‘JJ Act’) has made a prayer to quash and set aside the judgment and order dated 19.07.2025 passed by the learned Additional Sessions Judge-Children’s Court Surat in Criminal Appeal No.579 of 2025 as also the order dated 08.07.2025 passed by the Juvenile Justice Board (JJB), Surat in CRMA J No.9976 of 2025 in connection with the First Information Report (FIR) being C.R. No.’A’ Part No.11210070250575 of 2025 registered with Bhestan Police Station, Surat City for the offences punishable under Sections 103(1), 61(2)(A) and 52 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act, and to release CCL on regular bail.

3. The Probation Officer’s Report dated 22.08.2025 as well as the Report of the Clinical Psychologist dated 23.08.2025 are produced on record. Further, the Report of the learned Principal Magistrate, JJB Board, Surat dated 20.03.2026, reflects that about 13 witnesses have been examined, and out of 57 cited witnesses, 24 are material witnesses. The Principal Magistrate of JJB, Surat has stated that he would be in a position to conclude the matter within six months.

4. Learned advocate Mr. A.N. Pathan for the present CCL submitted that the involved CCL’s are five in number. At the time of the incident, they were aged (i) 13 years 1 month 11 days (ii) 11 years 3 months 13 days (iii) 10 years 1 month 2 days (iv) 12 years 4 months 22 days and (v) 13 years 21 days. The deceased was 16 years of age. Learned advocate Mr. Pathan submitted that the present CCL is the CCL No.5 against whom allegations is that he had given knife blows almost 3 in number to the deceased. Referring to the post mortem report, learned advocate Mr. A.N. Pathan submitted that about 23 injuries have been recorded which are stab wounds, incise wounds, abrasions etc. It is further submitted that there are no eye witnesses to the incident and body of the deceased was found in an open ground, beside Royal Park Society. It is also submitted that the Police Inspector, Besthan Police Station has reported to the Principal Magistrate of the Juvenile Justice Board on 27.04.2025 which states that all the five CCL’s and the deceased were friends and all of them were residing in the same lane. As per the police, the deceased was abusing the CCL’s in an indecent manner and was calling the CCL’s in a very abusive vulgar language. The word which had been used by the deceased has been referred to in the Report and is also recorded by the police that the deceased used to beat the CCL’s with stones and would also remove their underwears. It is further stated therein that the deceased was teasing the CCL's in an abusive way by referring to the mother of CCL No.3 as having eloped with some person named in the Report.

5. Learned Additional Public Prosecutor appearing for the respondent-State Mr. Bhargav Pandya submitted that as per the report of the Police, the Police have relied on the statement of the CCL and the CCTV footage. The post mortem had concluded that the incident had taken a serious turn by way of brutal injuries in the form of incise blows and hence, it is submit