Petitioner is originally a resident of U.P., and presently was residing with his father in New Delhi, which falls in a different State from where the trial is taking place, i.e. Gurugram in Haryana – JJ Board declined bail by saying the petitioner may have to face revulsion and outrage from members of the society on surmises and conjectures -- Ld. ASJ upheld the decision by saying release would associate him with known criminals and it would expose him to moral, physical or psychological danger, whereas JJ Board never speculated upon such possibility – Held, petitioner who is a juvenile and has already remained in detention for a period of one year, one month and twenty days by now, should be released on bail – Revision allowed.

(P&H HC) Decided on: 04.12.2020

Murder case -- Anticipatory bail – Interim bail -- Juvenile-petitioner’s reliance upon birth certificate and matriculation certificate -- Without commenting anything as regards the genuineness of the documents, petition disposed of with the directions: (i) The petitioner to surrender before the Juvenile Justice Board within 10 days and upon the petitioner so surrendering, the Juvenile Justice Board shall release the petitioner on interim bail subject to his furnishing requisite bail bonds to the satisfaction of the Board. (ii) The Board shall conduct an inquiry as regards the juvenility of the petitioner. If the petitioner is found to be juvenile, the Board shall consider his release under Section 12 of the Act and pass an appropriate order. (iii) The petitioner to be present before the Board on the day his bail application is to be heard and on the day when the order on his bail application is to be pronounced or on any other day as directed by Board. (iv) If the Board, upon inquiry regarding age comes to conclusion that the petitioner is not a juvenile, he shall be produced before Illaqa Magistrate who shall proceed further in accordance with law. The petitioner shall appear before the Board on all the dates unless specifically exempted. (v) The interim bail shall come to an end if petitioner is not found to be juvenile or in case his application is dismissed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(P&H HC) Decided on: 27.11.2020

Rape with minor cousin sister – Prosecutrix was residing in house of petitioner being brought up by his mother -- Prosecutrix entire statement recorded – Petitioner was aged about 15 years when the FIR was lodged still continues to be a juvenile -- By now, he has already remained in Safe Custody for more than one year and one and a half months – His further detention there would not appear to be in his overall interest due to the fact that there are likely to be more juveniles in conflict with law, housed in the same premises -- Prosecutrix has already been shifted from the parental house of the petitioner -- No reason to deny petitioner the opportunity of coming back to the custody of his parents -- Petitioner directed to be released on bail.

(P&H HC) Decided on: 27.11.2020

Maintainability of Regular bail – Whether a child in conflict with law, who is being tried as an adult for the purpose of trial u/s 18(3) of the J.J. Act, could maintain an application for grant of regular bail under Section 12 of the J.J. Act or u/s 439 Cr.P.C. before the Children’s Court and the High Court – Held, an application for grant of bail to a Child apprehended or detained by the police will be entertained by the J.J. Board u/s 12 of the J.J. Act and an application u/s 439 Cr.P.C. before the Children’s Court will not be maintainable.

(P&H HC) Decided on: 31.08.2020

Maintainability of Anticipatory bail by minor/ juvenile – Could not be the intention of the legislature that such juvenile should be first apprehended and then produce before Juvenile Justice Board -- Petition is found to be maintainable.

(P&H HC) Decided on: 24.07.2020

Duty of Juvenile Justice Board -- Manifest in no uncertain terms the duty cast upon the Juvenile Justice Board to implement the letter of the law in true spirit, keeping in mind the ultimate interests of the child -- Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice.

(P&H HC) Decided on: 13.07.2020

NDPS matter – Regular bail -- Petitioner was a minor on the date of the alleged offence though have been treated as a major -- Petitioner and the other co-accused were apprehended in possession of 850 tablets of Clovidol-100, however, no specific overt act is attributed to the petitioner -- Continued incarceration of the petitioner is neither required nor desirable – Petitioner shall be released on regular bail.

(P&H HC) Decided on: 03.07.2020

Allegation of Murder – Intention of the legislature is to grant bail to the juvenile irrespective of the nature or gravity of the offence -- Court below has not satisfied the requirement of provisions of Section 12(1) of the Act and without having any material on record, the bail application of the petitioner has been declined -- Accordingly, petitioner is directed to be released on regular bail.

(P&H HC) Decided on: 19.06.2020

Unnatural offence – Policy and provision of the Juvenile Justice Act is in favour of grant of bail to the juvenile -- Since the circumstances or the grounds justifying denial of the bail are not discernible in the case, therefore, the petitioner deserve to be allowed concession of bail.

(P&H HC) Decided on: 02.06.2020

Child in conflict with law – Grant of bail to a juvenile is the rule – Under Section (i) of the JJ Act, a presumption of innocence of any malafide or criminal intent arises in favour of the juvenile – Petitioner has spent more than 07 months in incarceration – Detention of the petitioner would mar his future education and prospects in life -- Petitioner ordered to be released on bail, grandfather of the petitioner shall regularly monitor the movement of the petitioner and ensure that the petitioner does not come in association with any known-criminals and does not indulge in any other offence.

(P&H HC) Decided on: 27.05.2020

Right of bail -- Juvenile is entitled to bail as a matter of right unless the case falls in the exceptions carved out in the provision itself but nothing was available on record to show that any of the three exceptions specified under Section 12(1) of the J.J. Act was existing -- Both the Courts below have not satisfied the requirement of provisions of Section 12(1) of the Act and without having any material on record, the bail application of the petitioner has been declined -- Impugned orders are not sustainable in the eyes of law and as such, are liable to be set aside -- Petitioner is directed to be released on bail.

(P&H HC) Decided on: 08.01.2020