A juvenile’s bail may be denied only on Section 12 grounds supported by reasonable material.

Vivek Mandal, aged about 15 at the time of the alleged offence, was in a remand home from 3 May 2026.

He faced charges under Sections 304(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from an allegation that a woman’s bag was snatched from a moving train.

The Juvenile Justice Board rejected his bail application, and the Special Judge, Children Court, Dhanbad, upheld that decision on appeal.

The juvenile sought revision, relying on the social investigation report’s assessment of his behaviour as normal and his mother’s willingness to supervise him and keep him away from known criminals and danger.

1. Whether the courts below properly applied Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in refusing bail to the juvenile.

2. Whether the stated concern that the juvenile might associate with known criminals provided reasonable grounds to refuse bail in the circumstances of this case.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, governs bail for a child alleged to be in conflict with law and, as stated by the Court, overrides bail provisions under the Code of Criminal Procedure, 1973, or other laws.

Bail is the rule and refusal is the exception.

Bail may be refused only where there are reasonable grounds to believe that release is likely to 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 Act’s rehabilitative approach requires that a child be reformed and rehabilitated rather than punished.

The courts below had refused bail principally on the concern that the juvenile might come into contact with known criminals.

The High Court found that this conclusion was not supported by reasonable grounds, particularly in light of the mother’s undertaking to supervise him and prevent such association and exposure to danger.

It also found that the lower courts had not adequately reasoned their conclusions by reference to the statutory grounds for refusal under Section 12.

In the absence of material showing that any statutory exception applied—including that release would defeat the ends of justice—the refusal of bail could not stand.

It directed the juvenile’s release on bail upon his mother furnishing a personal bond and two sureties from her relatives, to the satisfaction of the Juvenile Justice Board, subject to conditions concerning supervision, education and constructive activities, monthly reporting to the Probation Officer, and periodic social investigation reports.