Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for denial.

Judgment :

Virender Singh, J.

Petitioner XYZ (Child in Conflict with Law) (hereinafter referred to as ‘the CCL’) has approached this Court under Section 102 of the Juvenile Justice (Care and Protection of Children) Act 2015, (hereinafter referred to as ‘the Act’), against the judgment dated 22.3.2024, passed by the learned Additional Special Judge, (Children Court), Chamba, Division Chamba, H.P. (hereinafter referred to as ‘the Appellate Court’), in Cr. Appeal No. 3 of 2024, titled as ‘Ms. Ruksana & others versus State of H.P.’, whereby the appeal filed by the CCL against the order passed by the learned Juvenile Justice Board, Chamba, District Chamba, H.P., (hereinafter referred to as ‘the JJB’), in bail application No. 175/2023, titled as, ‘Applicant No. 1(Name withheld) & others versus State of H.P.’, dated 16.12.2023, has been upheld.

2. As per the pleadings, CCL alongwith two other minors, were arrayed as accused in a case under Sections 302, 201, 120B and 34 IPC, vide FIR No. 38 of 2023, dated 9.6.2023, registered with Police Station, Kihar, District Chamba, H.P.

3. The said FIR has been registered at the instance of one Raju, S/o Balak. After registration of the FIR, Police has investigated the matter. After conclusion of investigation, Police has filed the charge-sheet, against the accused, as well as, the children in Conflict with Law, including the CCL, in the present case. The CCL, alongwith two juveniles, was kept at One Stop Center Gholti, Chamba, on the ground that there was community rage, apprehension of communal riots and threat to life of juveniles. Presently, the CCL, alongwith other juveniles, is stated to be at Observation Home, Una.

4. Thereafter, the petitioner moved an application for bail on 26.6.2023, before the learned JJB, which was dismissed on 1.7.2023. Thereafter, the said order was assailed before the learned Appellate Court in Cr. Appeal No. 34 of 2023, which was decided on 6.11.2023. Vide order dated 6.11.2023, the matter was remanded back to the learned JJB, Chamba. However, the said application was dismissed on 16.12.2023. Thereafter, the appeal has been preferred, which has also been dismissed, vide order dated 22.3.2024.

5. The order, by virtue of which, the bail application was dismissed by the JJB and the order passed by the learned Appellate Court, have been assailed, on the ground that the ground, upon which, the bail application has been rejected, is not sustainable in the eyes of law, as the said ground does not fall within the purview of Section 12 of the Juvenile Justice Act.

6. According to the petitioner, her father is ready and willing to submit an undertaking before this Court.

7. On the basis of above facts, a prayer has been made by Ms. Shikha Chauhan, Legal Aid Counsel that the present petition may kindly be allowed.

8. As per the record, the FIR has been registered at the instance of complainant Raju, who has made statement under Section 154 Cr. P.C., before the Police, disclosing therein, that he is an agriculturist by profession and his family is consisting of his wife and three daughters and one son (Manohar). All the daughters are married, whereas son Manohar was bachelor and was doing the business of transporting goods on mules. The complainant is having agricultural land