Chhattisgarh HC Grants Bail To 16-Year-Old In Dacoity Case, Citing Probation Report’s Lack Of Adverse Remarks And No Criminal Antecedents

The applicant, aged about 16 at the time of the alleged incident, was accused of participating with others in a dacoity.

A knife, a gold ornament and ₹1,000 were allegedly recovered at his instance.

The Juvenile Justice Board rejected his bail application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015; the appellate court dismissed his appeal and upheld that decision.

In revision, the applicant relied on the absence of adverse remarks in the Probation Officer’s social investigation report, his lack of criminal antecedents and the filing of the charge-sheet.

The State opposed release on the ground that it could expose him to criminal association or danger.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, governs bail for a child alleged to be in conflict with the law.

Bail is to be granted unless reasonable grounds exist 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 Court cited no judicial precedents.

Although the applicant was alleged to have participated in the dacoity and recoveries were made at his instance, the Court found that the Probation Officer’s report contained no adverse remarks and that the applicant had no criminal antecedents.

On the record, it found no reasonable grounds to believe that release would result in criminal association or expose him to moral, physical or psychological danger.

It therefore considered bail appropriate under Section 12.

It granted bail, directing that the applicant be released into the custody of his natural guardian/father upon the guardian furnishing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the concerned court.