A juvenile accused may be granted bail absent evidence of risks under Section 12 of the JJ Act.

The juvenile applicant was apprehended with a co-accused while transporting 23.300 kg of ganja on a scooty and was charged under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Juvenile Justice Board rejected his bail application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”), and the appellate court affirmed that decision.

In revision, the applicant relied on his first involvement in conflict with law, the absence of any contraband seized from his possession, and the potential adverse effect of continued placement in the Observation Home; the State opposed release but accepted that the social status report was not adverse.

1. Whether the applicant’s release on bail was barred by the exceptions to the general rule under Section 12 of the JJ Act.

2. Whether the orders refusing bail should be set aside in revision under Section 102 of the JJ Act.

Section 12 of the JJ Act governs bail for a child alleged to be in conflict with law. The court’s reasoning reflects the statutory rule that bail should be granted 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.

Section 102 of the JJ Act provides the revisional jurisdiction invoked to challenge the appellate order.

The alleged offence was under Section 20(b) of the NDPS Act.

The judgment cites no precedent.

The Court considered the social status report, which showed that this was the applicant’s first conflict with law, that his conduct in the Observation Home was good, and that he was a regular Class 11 student.

The prosecution had produced no material indicating that release would expose him to any of the risks relevant under Section 12. In those circumstances, the Court found the refusal of bail unwarranted, notwithstanding the allegation that he had been transporting a commercial quantity of ganja.

It directed that the applicant be released into his parents’ custody if either parent furnishes a personal bail bond of ₹25,000 and one surety for the like amount to the satisfaction of the Juvenile Justice Board, securing his appearance as directed.