RANCHI, India, Nov. 8 -- Jharkhand High Court issued the following order on Oct. 8:

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. By order dated 23.06.2025, the State was directed to serve the notice upon the victim through the natural guardian/ father of the victim and the same has been served and affidavit to that effect has also been filed, in spite of that, nobody has appeared on behalf of the guardian of the victim.

3. This Criminal Revision has been preferred for setting aside the judgment dated 18.03.2025 passed in Cr. Appeal No.58 of 2025 by the learned Additional Sessions Judge-I cum Special Judge, Bokaro, whereby the bail application of the petitioner has been rejected and the order dated 22.02.2025 passed in G.R. Case No.907 of 2025 by Principal Magistrate, Juvenile Justice Board, Bokaro arising out of FIR Chatrochatti P.S. Case No.16 of 2023, registered under Section 376(A)(B) of IPC & Sections 4/6 of POCSO Act, has been affirmed.

4. Learned counsel appearing for the petitioner submits that at the time of alleged crime, the petitioner was aged about 14 years and 08 months and the Petitioner is in remand home since 10.08.2023 and he is in custody about two years. He further submits that the petitioner is being represented by his father and the father is ready to give any undertaking to the effect that the petitioner will not be exposed to any hardened criminal and he will also not come in close to person of moral, physical and psychological danger. He also referred to Section 18(1)(g) of the Juvenile Justice (Care and Protection of Children) Act, 2015. He further submits that the learned Juvenile Justice Board has been pleased to reject the bail only on the ground of gravity of the charge and the appellate court has been pleased to reject the bail on the ground of apprehension that the petitioner will expose to persons of moral, physical and psychological danger. He submits that although the allegation is very heinous, however, considering the age of the petitioner and undertaking of the father of the petitioner, the petitioner may kindly be released on any condition.

5. Learned counsel appearing for the State opposed the prayer and submits that the allegation is very heinous against the petitioner and in view of that, bail may not be granted.

6. It is admitted position that the petitioner is in remand home since about two years, the petitioner is being represented by his father and the father is ready to give the undertaking to the effect that the petitioner will not be exposed to moral, physical and physiological danger.

7. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that that Section 12 of the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and juvenile can be denied bail only on the following three grounds

(i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or

(ii) expose the said person to moral, physical or psychological danger, or,

(iii) the person's release would defeat the ends of justice.

8. From Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juveniles is also no relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x3tzDLKedohu2YkeN4B%2BjGnK3lKoSctDzIeDcR3iVIMs&caseno=Cr.Rev./547/2025&cCode=1&cino=JHHC010124642025&state_code=7&appFlag=)

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