Facts
The child, aged 17 at the time of the incident, was accused in a case registered under Sections 103(1), 109 and 191(3) of the Bharatiya Nyaya Sanhita, 2023, arising from an assault in which one victim died and another sustained grievous injuries.
Source reference: para. 1–2, 6The Juvenile Justice Board rejected the child’s application for release on bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015; the Sessions Court affirmed that order.
Source reference: para. 1, 3–4The child challenged both orders in revision, submitting that there was no basis to find that release would expose him to any of the risks specified in Section 12.
Source reference: para. 1, 3–4Issues
Whether the courts below erred in rejecting the child’s application for release on bail under Section 12 of the JJ Act.
Source reference: para. 1, 6–8Whether there were reasonable grounds to believe that the child’s release would bring him into association with a known criminal or otherwise justify refusing bail under Section 12.
Source reference: para. 6–9Law Applied
Section 12 of the JJ Act governs bail for a child alleged to be in conflict with law.
Source reference: para. 6Bail may be refused where 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.
Source reference: para. 6The revision was brought under Section 102 of the JJ Act.
Source reference: para. 1Reasoning
The Court found no material supporting a reasonable belief that the child’s release would bring him into association with a known criminal.
Source reference: para. 6On that basis, it held that the courts below had erred in law in refusing release on bail.
Source reference: para. 7The Court allowed the revision and imposed conditions intended to secure the child’s attendance and supervision and to prevent association with criminals or the release from defeating the ends of justice.
Source reference: para. 8–10Holding
The High Court allowed the revision and set aside the orders of the Sessions Court and the Juvenile Justice Board.
It directed that the child be released into his father’s custody on a personal bond of ₹50,000 with a solvent surety for the like amount, subject to the stated conditions, including the father’s supervision, the child’s attendance before the Board, and periodic vigilance by the Probation Officer.
Source reference: para. 9–10The revision was disposed of, with a copy of the order to be sent to the Board for compliance.
Source reference: para. 11–12Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Juvenile Justice (Care and Protection of Children) Act, 2015.2
Bharatiya Nyaya Sanhita, 20233
Original Court PDF
Child In Conflict With LawvsThe State Of Madhya Pradesh
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