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AVNEESH JHINGAN, J. (ORAL), --

1. This criminal revision is filed aggrieved of the rejection of prayer for bail to the child in conflict with law (hereinafter referred to as 'CCL').

2. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act') is reproduced below:

“12. Bail to a person who is apparently a child alleged to be in conflict with law.-( 1) When any person, who is apparently a child and is alleged to have committed a bailable or nonbailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under subsection (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.”

3. As per Section 12 of the Act, bail is the general rule and only in cases covered by exceptions provided in the proviso to Section 12(1) of the Act, bail can be denied.

4. The proviso obligates recording of reasons for denying the bail and there should be reasonable ground for believing that in case of release on bail, child in conflict ('CCL') will come into association with any known criminal or expose to moral, physical or psychological danger and his release will defeat the ends of justice .

5. In the impugned order, it has been stated that there is an apprehension that life of CCL would be in danger.

6. Learned counsel for the State on instructions is not in a position to substantiate the basis for the reasons recorded.

7. In view of the above, the impugned order is set aside. The matter is remitted back to Principal Magistrate, Juvenile Justice Board, Kapurthala to consider the matter afresh and pass a reasoned order in consonance with Section 12 of the Act.

8. The petition stands disposed of.

Order accordingly.

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