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

Duty of Juvenile Justice Board -- Right of Bail – 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

Regular bail – Right of -- Petitioner is less than 16 years of age on the date of occurrence – Grant of bail to a juvenile is the rule – Under section 3(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.

(P&H HC) Decided on: 27.05.2020