A child in conflict with law must be granted bail absent Section 12 statutory exceptions.

The petitioner, aged 13 years, 3 months and 3 days on the date of the alleged offence, was alleged to have called the informant’s son from his house along with other accused persons; the victim’s dead body was subsequently found near a railway track.

The informant suspected that the petitioner and the co-accused had murdered the victim and placed his body on the railway track.

The petitioner was arrested on 8 August 2025 and was declared a child in conflict with law (“CICL”) on 18 October 2025.

His bail application was rejected by the Juvenile Justice Board, Khagaria, on 28 November 2025 in JJB Case No. 170 of 2025, arising from Mansi P.S. Case No. 144 of 2025, registered for offences under Sections 103(1), 61(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The appellate court dismissed his appeal on 2 February 2026, affirming the Board’s order.

The petitioner consequently invoked the revisional jurisdiction of the High Court and relied upon the Social Investigation Report (“SIR”) and Social Background Report (“SBR”), which described him as disciplined and did not establish that his release would expose him to criminal elements or danger.

Whether bail could be denied to the petitioner, a CICL, in the absence of the statutory grounds under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Whether the record, including the SIR and SBR, established that the petitioner’s release would bring him into contact with known criminals, expose him to moral, physical or psychological danger, or otherwise defeat the ends of justice.

Whether the orders of the Juvenile Justice Board and the appellate court refusing bail were legally sustainable.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 mandates release of a CICL on bail unless there are reasonable grounds for believing that release would bring the child into association with a known criminal, expose the child to moral, physical or psychological danger, or defeat the ends of justice.

The Court also applied the child-friendly and welfare-oriented principles under Section 3 of the Act, particularly the best-interest principle under Section 3(iv), the principle that institutional care must be a measure of last resort under Section 3(xii), and the principle of repatriation, restoration and reunion with the family under Section 3(xiii).

The Court held that juvenile justice proceedings must prioritise the child’s reformation, rehabilitation and best interests, with courts exercising their protective parens patriae jurisdiction.

The seriousness of the allegation of murder was not, by itself, sufficient to deny bail to the petitioner, since Section 12 permits denial only when one of the specified statutory exceptions is established.

On examination of the SIR and SBR, the Court found no material demonstrating that the petitioner would come into contact with a known criminal, that he lacked guardianship, or that release would expose him to moral, physical or psychological danger.

The allegation that the petitioner’s father was also an accused, and that the family was allegedly criminal in nature, was considered insufficient without supporting material showing that release would harm the petitioner’s welfare or defeat the ends of justice.

Consistent with the principle that institutionalisation is a measure of last resort, the Court held that the petitioner’s rehabilitation and development were better served under appropriate parental or familial guardianship.

The subordinate courts had therefore erred in refusing bail.

It directed that the petitioner be released on bail upon furnishing a bond of ₹10,000 with two sureties of the like amount to the satisfaction of the Juvenile Justice Board, Khagaria, or the concerned court.

One surety was required to be a parent and the other a relative without criminal antecedents, both undertaking the petitioner’s proper care and upkeep.

The petitioner was also directed to remain present before the Board on every date fixed in the case.