Juvenile bail cannot be denied absent statutory grounds under Section 12 of the JJ Act.

On 19 September 2025, Police Station Ganj, Raipur, acting on secret information, raided Pooja Guest House, where two boys and three girls were allegedly staying with ganja intended for sale. The police seized 7.00 kg from one bag and 7.300 kg from another, totalling 15.100 kg, and registered Crime No. 242/2025 under Section 20(B) of the NDPS Act. The applicant, a juvenile aged approximately 17 years, was arrested on the same day and remained in the Observation Home thereafter

The Juvenile Justice Board, Mana Camp, rejected the applicant’s bail application on 24 July 2026. The Additional Sessions Judge (Fast Track Court)/Juvenile Justice Board, Raipur, affirmed that decision in Criminal Appeal No. 306/2026 by order dated 7 August 2026. The applicant challenged both orders under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015

Three major co-accused had already been granted bail by a Co-ordinate Bench of the High Court. The Social Investigation Report stated that the applicant’s conduct was good, that he lived in a disciplined manner, and that his education had been interrupted, requiring reconnection with education. The report did not indicate that his release would expose him to moral, physical, or psychological danger, bring him into contact with known criminals, or defeat the ends of justice

Whether the applicant, being a child alleged to be in conflict with law, was entitled to bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in the absence of any statutory ground for refusal.

Whether the Juvenile Justice Board and the appellate court acted illegally in rejecting bail despite the favourable Social Investigation Report and the absence of circumstances contemplated by Section 12(1) of the Act, 2015.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 establishes release on bail as the norm for a child alleged to be in conflict with law, with or without surety, or placement under the supervision of a probation officer or the care of a fit person. Bail may be denied only where 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 otherwise defeat the ends of justice

Section 102 of the Act confers revisional jurisdiction on the High Court. The Court also considered the applicant’s favourable Social Investigation Report and the fact that the seized quantity was not commercial in nature

The Court applied the statutory presumption in favour of juvenile bail under Section 12. Although the applicant faced an allegation under Section 20(B) of the NDPS Act, the Court found that none of the three statutory exceptions to release was established.

The Social Investigation Report described the applicant’s conduct as good and disciplined and recommended reconnecting him with education; it contained no indication that release would expose him to danger, associate him with known criminals, or defeat the ends of justice

The Court further noted that the applicant had no criminal antecedents, that three major co-accused had been granted bail, and that the contraband quantity was not commercial in nature

Accordingly, the lower courts had rejected bail mechanically and contrary to the mandate of Section 12

The applicant was directed to be released into the custody of his parent/guardian upon furnishing a personal bond of ₹25,000 by the parent/guardian, together with one local surety for the like amount, to the satisfaction of the concerned court. The applicant and surety were also required to submit verified copies of their Aadhaar Cards and coloured, full-size postcard photographs

The surety was directed to undertake that the applicant would not associate with bad elements and that any involvement by the applicant in unlawful activity would be reported to the concerned police station