Bail for a child in conflict with law is governed exclusively by the special provisions of the relevant youth justice legislation, which operate independently of general criminal procedure, prioritizing the child's rehabilitation and developmental capacity over standard trial detention norms.

ORDER :

GITA GOPI, J.

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

2. The applicant herein is the child in conflict with law (CCL), 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 15.02.2025 passed by the learned 3rd Additional Sessions Judge and Special (Children Court), Vadodara in Criminal Appeal No.168 of 2025 in connection with the First Information Report (FIR) being C.R. No.Part A 11197025211430 of 2021 registered with Karjan Police Station for the offences punishable under Sections 302, 376(A)(D) and 376(2)(N), 377 and 34 of the Indian Penal Code (IPC) and to release CCL on regular bail.

3. Learned advocate for the CCL Mr. Bharatkumar A. Desai submitted that the issue of age of the present CCL who is represented through his father was in dispute. However, on verification, and record of the statement of the Principal, Teacher and father’s statement, it has come on record that the CCL is 14 years and 25 days of age. Learned advocate Mr. Desai stated that the Appellate Court has considered the age of CCL as 15 years. It is thus submitted that his case could not be considered under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to in short as the ‘JJ Act’) and the CCL would be tried by the Juvenile Justice Board (JJB).

4. Learned advocate for the CCL Mr. Bharatkumar A. Desai submitted that both the JJB and Appellate Court has failed to take into consideration Section 12 of the JJ Act, where the consideration would be when a child is alleged to have committed a bailable or a non-bailable offence, and when is apprehended or detained by the police or appears or is brought before a Board, then notwithstanding anything contained in Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) shall 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.

5. Here it is submitted that the CCL is aged 14 years and 25 days and he would not be in a position to understand the consequences of the offences. Reference is also made to the Report of the Probation Officer. It is also submitted that it is clearly recorded by the appellate Court that the CCL was not knowing anything about the incident and since he was staying with co-accused and his elder brother and therefore, he has been falsely implicated in the matter. Inspite of such observations having being made by the Appellate Court, the Appellate Court rejected the application for bail.

6. Learned Additional Public Prosecutor appearing for the respondent-State Ms. Jyoti Bhatt submitted that the age of the CCL is disputed and the offence is of gang rape as well as murder of the deceased. The involvement of the present CCL is clearly reflected on record and therefore, the orders passed by both the JJB as well as the Appellate Court is consistent and urged that the present application be rejected and no discretion be exercised in favour of the CCL.

7. Here, the allegations are of gang rape of a woman aged about 37 years. There were about six people involved where No.5 and No.6 have been shown as CCL, the present CCL is shown at No.5 in the matter. The allegation is that all the accused one after another had committed rape on the woman and thereafter, the allegation is that the present CCL and another CCL