AVNEESH JHINGAN, J.

1. Due to COVID-19 situation, the Court is convened through video conference.

CRM-2741-2022:

2. This is an application for correction of date of birth of the petitioner in Memorandum of Parties and Annexure P-1 to the petition.

3. Notice in the application.

4. Mr. Manish Dadwal, Assistant Advocate General, Haryana appearing on advance notice accepts the same. He submits that he has no objection to the prayer of the applicant/ petitioner.

5. For the reasons mentioned in the application, same is allowed subject to all just exceptions.

6. This criminal revision petition is filed being aggrieved of rejection of bail of the petitioner (child in conflict with law) and dismissal of appeal.

7. The petitioner was apprehended on 9th October, 2021 by the police party, 6.18 grams of smack was recovered from his conscious possession. The bail was basically denied on the ground that he is involved in another case under the provisions of Indian Penal Code, 1860 and it is susceptible that if enlarged on bail he would be exposed to moral, physical or psychological danger. Mother of the petitioner gave undertaking before the Additional Sessions Judge for taking care of the petitioner and ensuring that concession of bail would not be misused.

8. Learned counsel for the petitioner submits that petitioner is in custody since 9th October, 2021, investigation is complete, challan stands presented and no recovery is to be made. He further submits that recovery of contraband is of non-commercial quantity. The contention is that parents of the petitioner will ensure that his conduct improves and he does not have any contact with the bad elements of the society.

9. Learned State counsel defends the impugned order and submits that antecedents of the petitioner are not clean. He is involved in another FIR.

10. Section 12 of the The Juvenile Justice (Care and Protection of Children) Act, 2015 [for short 'J.J. Act'] is reproduced:-

Bail to a person who is apparently a child alleged to be in conflict with law.

(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.

11. As per Section 12 of the J.J. Act, the general rule is bail and bail is to be denied only in cases falling under exceptions provided in the Section.

12. Mere involvement of the petitioner in another case would not be in itself a ground to deny him concession of bail under Section 12 of the J.J. Act. Considering the facts and circumstances in totality and gravity of offence, the present criminal revision petition is allowed and the orders rejecting the bail and dismissing the appeal are set aside. The petitioner be released on bail subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

13. The petition is allowed.

14. It is directed that parents of the petitioner shall regularly monitor the movement of the petitioner and also arrange for some counselling of the petitioner so as to ensure that he does not indulge into any such offence again.

15. However, it is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case.