Bail for a child in conflict with law is governed exclusively by the special juvenile justice statute, which features a non-obstante clause excluding general criminal procedural laws. Adjudication must focus on the reformative intent of the law and mandatorily incorporate probation officer reports regarding the minor's circumstances.

ORDER :

GITA GOPI, J.

1. RULE. Learned APP waives service of Rule on behalf of the respondent – State.

2. The Child in Conflict with Law (hereinafter referred to as “CCL”), through his father, has filed an application under Section 102 read with Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “JJ Act”) challenging the order dated 14.11.2025 passed by the learned Additional Sessions Judge, Valsad under the heading of Criminal Misc. Application (for regular bail) no. 701 of 2025 in connection with FIR bearing CR no. 11200048250436 of 2025 registered with Vapi Town Police Station, District Valsad for the offence punishable under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, and to release CCL on regular bail. It does not become clear by the status record of the learned Judge as Additional Sessions Judge, Valsad whether the Court is a Children’s Court as per the JJ Act. However, assuming the same as an Additional Court, then, it was required for the learned Additional Sessions Judge to have considered an application as an appeal under Section 101 of the JJ Act. The learned Trial Court Judge has entertained the application as if it is a regular bail application.

3. The facts of the case, as have been brought to the notice, are that one eye-witness – Prashant, son of Ganesh Shivram Chauhan informed the police about the deceased aged about 40-45 years who was a beggar. When eye-witness – Prashant was inquired by the police, he has stated that on 4.3.2025, he had gone into Memu train at 3 O' Clock in the afternoon for purchasing balloons at Surat and while returning from Surat, Zampa Bazar purchasing the balloons at about 7 in the evening in the express train from Vapi Railway Station since his mother and sister were staying at the open land in front of Sahara Market Building at Imrannagar, he had joined them during the night, when he was resting and watching his phone, at that time, at night at about 10 O' Clock, he saw one CCL no.2, aged about 13 years 8 months and CCL no.3, aged about 16 years 11 months 2 days were taking lame and bearded man on the open land besides the nursery and the present CCL was having stick in his hand and he was following them. According to the eye-witness, all the three wanted the lame and bearded man to beg and when he had refused to do so, his clothes were removed and was beaten with stick and stones on both the limbs and his legs were fractured. According to the eye-witness, because of that injury, the injured died.

4. The facts of the case suggest that the deceased was himself was a beggar. The complainant appears to be the person who was also sleeping in the open area along with mother and sister. He only could have seen the CCL nos. 2 and 3 taking the lame and bearded person towards the open land besides the nursery and according to him, the present CCL was following them with a stick. The facts do not suggest that the witness – Prashant is an eye-witness to the incident. The facts and circumstances under which the offence got committed does prima facie suggest that the witness had seen the incident. The complainant – Jivla son of Gavjibhai Kurkutiya is the security guard and he is not the eye-witness to the incident. The facts do not become clear under what circumstances and why CCLs were with the deceased aged about 40 to 45 years whose even full name and place of residence is also not clear on the record, the police has failed to find the residence of the d