The gravity of the offence cannot solely justify the denial of bail to a juvenile; the court must consider the juvenile's background and potential for rehabilitation.

ORDER

This revision petition has been preferred under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “J.J. Act, 2015”) assailing the appeal judgment dated st 17.10.2024 passed by the I Additional Sessions Judge, Shahdol (MP) in Criminal Appeal No.100/2024 (Lavkush Yadav Vs. State of M.P.), whereby the appeal preferred by juvenile in conflict with law against the order dated 27.09.2024 passed in RCT No.72/2024 (State of M.P. Vs. Lavkush Yadav) by the Principal Magistrate, Juvenile Justice Board, Shahdol, District Shahdol (MP) has been dismissed and order rejecting the bail application of the juvenile in conflict with law in relation to FIR bearing Crime No.204/2024 of Police Station Sidhi, Shahdol (MP) for commission of offence under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023 and Section 25(B) of the Arms Act , has been affirmed.

2. As per the allegations, on 01.08.2024, dead-body of Manish Gupta S/o Manoj Gupta aged about 15 years old alongwith blood stain, soil, leaves & hairs etc. was seized. In post-mortem report, cause of death was shown severe hemorrhage due to injuries over head. Ashish (brother of deceased Manish) in his statement stated that on 30.07.2024, his brother Manish (since deceased) at around 04:30 pm had gone towards river side to answer the call of nature and at around 06:30 pm, when he also went towards that side; almost 100 meter before the river, he found his brother Manish lying on the earth, he was having injuries on his right cheek and cut wound on the head. Injury was also visible on little finger of his right hand. Blood was lying and Manish was found in unconscious condition. Marg intimation was recorded. In Marg inquiry, it revealed that Lavkush Yadav (Present applicant) had murdered Manish Gupta by giving Tangi blows. Incident was witnessed by Nageshwar Singh. It is alleged that on 30.07.2024 on the day of incident, Lavkush had attempted to hand over the weapon of offence to Rajbhan Singh stating that he has committed murder. FIR was registered. After investigation, charge-sheet has been filed.

3. Child in conflict with law at time time of commission of offence was found to be 13 years, 11 months & 25 days old in age. The charge-sheet was filed before the Juvenile Justice Board. The social investigation report was called, wherein, it is observed by the Probationary Officer that juvenile in conflict with law is aged about 13 years, 11 months & 25 days and is a student of Class-IX. His father is a panchyat chowkidar. There is no other complaint against him. His behaviour with the teachers and classmates is good. After school, he engages himself in studies and domestic work. His behaviour and conduct is satisfactory. He has interest in reading science subject. He has no criminal background. He is not a drug addict. It was also informed that on the date of incident, deceased had assaulted him and only then he wielded Tangi; but all of sudden, it hit the head of deceased and thereafter, he fled away from the spot. It was also observed in social investigation report that there is no tension in the village. However, for the safety of child, father of juvenile with conflict with law wanted to keep him in his relatives' house. Incident was not pre-mediated. Considering his education and conduct, his rehabilitation is possible and his family rehabilitation would be in his best interest. However, learned Juvenile Justice Board declined the application under Section 12 of the J.J. Act for grant of bail filed on behalf of the juvenile before the Juvenile Justice Board on the ground that his release may endanger his safety as threats are being extended.

4. An appeal was preferred on behalf of juvenile before the Court of st Sessions. Learned I Additional Sessions Judge, Shahdol by the impugned judgment has dismissed the appeal on the ground that his release may endanger his life, therefore, if he is released on bail, possibility of threat to his lif