Juvenile entitled to bail on parity with major co-accused absent criminal antecedents or adverse social reports.

On 04.01.2026, a dispute arose in a weekly market between Heena Sonkar and the applicant's parents regarding stall placement.

It is alleged that the applicant’s father (Sohan Sonkar) returned with the applicant (Lalla Sonkar), who then allegedly attacked the complainant’s son with a knife.

The Juvenile Justice Board (JJB) rejected the applicant's bail application on 16.03.2026.

Subsequently, the Appellate Court (Additional Sessions Judge F.T.S.C. POCSO) dismissed the criminal appeal on 06.04.2026, citing concerns that release would bring the juvenile into association with criminals and harm his well-being.

The applicant challenged these orders via the present revision, noting that the adult co-accused had already been granted bail.

1. Whether the applicant is entitled to be released on bail under the provisions of the Juvenile Justice Act on the grounds of parity and lack of criminal antecedents?

Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides the High Court with revisional powers over orders passed by the JJB or Appellate Court.

Section 12 of the Juvenile Justice Act, which mandates that a juvenile shall be released on bail unless there are reasonable grounds to believe the release would expose them to moral, physical, or psychological danger or association with known criminals.

The court also applied the Principle of Parity, where a secondary accused is granted similar relief to a primary or co-accused already enlarged on bail.

The Court observed that the primary adult co-accused, Sohan Sonkar, had already been granted bail by the High Court in MCRC No. 1017/2026 on 23.03.2026.

The Court found that the applicant, being a juvenile, possessed no prior criminal record and that no physical recovery (seizure) had been made from him.

Furthermore, the investigation was substantially complete as the charge-sheet had already been filed.

The Court determined that the applicant's circumstances were similar to the co-accused who was already at liberty, and therefore, the grounds cited by the lower courts for denying bail (association with criminals) were not substantiated by the record.

The High Court set aside the order dated 06.04.2026 passed by the Additional Sessions Judge F.T.S.C. (POCSO) and directed that the juvenile applicant be released into the custody of his natural guardian (father or mother) upon furnishing a surety of Rs. 50,000/- and a personal bond of the same amount to the satisfaction of the Juvenile Justice Board.