Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.

JUDGMENT

Introduction

The present Criminal Appeal has been preferred by the Appellant against the impugned order dated 16.04.2024, passed by learned A.D.J.-Ist-Cum-P.O. (Children Court), Sitamarhi in Sitamarhi Mahila P.S. Case No. 27 of 2023 (Trial No. 1 of 2024) whereby learned Children Court has rejected the bail application of the Appellant, holding as follows:

“From perusal of record and the case-diary. It transpires that the witnesses in the case-diary have supported the prosecution case. The victim has also supported the incident in her statement u/s. 164 Cr.P.C. It also appears from the record that after completion of investigation, charge-sheet has been submitted in the case against the petitioner for the offences u/s. 342, 363, 366(A), 376 (AB) I.P.C. and Sec. 6 of POCSO Act . From perusal of case-diary, it appears that the victim has made specific allegation against the C.C.L. 'A" in her statement u/s. 161 Cr.P.C. and in her statement u/s. 164 -Cr.P.C. The Social Investigation Report is available on the record. It appears that the effect of the association of bad society is the reason of said offence. Therefore, the atmosphere outside the Observation Home is not conducive for the C.C.L. 'A' as there is every possibility that the C.C.L.'A' would come in the association of criminals and would commit another offence and since the nature of offence is heinous. Hence, the release of the C.C.L. would not only expose him to moral, physical and psychological danger but would also lead to defeat the ends of justice. Considering the aforesaid facts and circumstances of the case and seriousness of the offence I am not inclined to grant bail to the C.C.L.'A'. Accordingly, the prayer for bail is hereby rejected.”

Prosecution Case

2. The prosecution case, as emerging from the written report of the mother of the victim dated 07.09.2023, is that when the three year old minor daughter of the informant was playing in front of her house at 7:00 PM in the evening on 04.09.2023, she was enticed away by the Appellant to his house, where he committed rape upon her. Subsequent to the occurrence, the victim came to the informant weeping and stated to her that the Appellant had undressed her. From the perusal of her person, it appears to the informant that she was subjected to rape and the clothes of the victim was stained with blood. It is also stated that the victim was carrying chips in her one hand.

Social Investigation Report

3. Social Investigation Report is on record, as per which both the parents of the Appellant are alive and they are fifty years of age. The Appellant has also two brothers and three sisters and both the brothers are educated and they are involved in cultivation. Even his grandfather, aged about 70 years is alive and he is also educated up to intermediate. As per further report, the behavior of the Appellant towards the family members is cordial. He is also religious and he has no habit of any smoking, drinking, gambling or begging. He plays cricket and likes reading books and religious activities. He is obedient to his parents and he contributes to the business of his family. He is a student of B.A. (Hons.), Ist Year. He has also taken computer training and his attitude towards his friends is positive. As per the neighbors, his conduct is good. His ne