1. This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 [in short the („J.J.(C&P) Act, 2015‟)] by the Child in Conflict with Law (in short „CICL‟) being the petitioner challenging the dismissal order of the Criminal Appeal No.05 of 2024 passed on dated 11.06.2024 by the learned Additional Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna confirming an order i.e. refusal of his bail passed by Juvenile Justice Board, Kalahandi, Bhawanipatna on dated 08.04.2024 in JCT No.15 of 2024 arising out of Koksara P.S. Case No.62 of 2024.
2. The factual backgrounds of this revision under Section 102 of The J.J. (C&P) Act, 2015, which prompted the CICL(petitioner) for filing of the same is that, he (CICL/Petitioner) was brought before the Juvenile Justice Board, Kalahandi, Bhawanipatna stating his involvement in the situations with minor victim, but, the Juvenile Justice Board, Kalahandi, Bhawanipatna sent the CICL to the observation Home and refused his prayer for bail on dated 08.04.2024.
3. For which, the CICL challenged the said rejection order of his bail preferring an appeal vide Criminal Appeal No.11 of 2024 under Section 101 of The J.J. (C&P) Act, 2015 before the learned Additional Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna being the appellant.
The learned appellate court dismissed that Criminal Appeal No.05 of 2024 of the CICL on dated 11.06.2024 and confirmed the order of rejection of his bail passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna assigning the reasons that,
“It is not proper to release the CICL on bail for the ends of justice as there is possibility of his exposure to moral, physical, psychological danger and indulgence with other anti-socials and there is every chance that, the minor CICL will be exposed to moral, physical or psychological danger, if he is released on bail.”
4. So, the CICL filed this revision under Section 102 of The J.J. (C&P) Act, 2015 challenging the above dismissal order dated 08.04.2024 passed by the learned appellate court in Criminal Appeal No.11 of 2024.
5. I have already heard from the learned counsel for the petitioner (CICL) and the learned Standing Counsel for the State as, the so-called aggrieved person of the alleged matter, i.e., Opposite Party No.2 did not choose to participate in the hearing of this revision in spite of receiving notice for the same through the learned Additional Standing Counsel for the State(Opposite Party).
6. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna in JCT No.15 of 2024 as well as by the appellate court in Criminal Appeal No.05 of 2024 for the refusal of bail of the CICL(petitioner) are not in conformity with law, for which, the said orders are not sustainable under law, to which, the learned Standing Counsel for the State objected contending in support of the reasons assigned above by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned appellate court for the refusal of bail of the CICL(petitioner).
7. As per the provisions of law envisaged in the proviso to Sub- section(1) of Section 12 of The J.J.(C&P) Act, 2015, the CICL can be denied with the privilege of bail, only, if, the court is of the opinion that,
"(i) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or
(ii) shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice."
8. The necessary essentials indicated above in (i) & (ii) of the proviso of Sub-section(1) to Section 12 of The J.J.(C&P) Act, 2015 must be there in the record to make out any of the above grounds out of two, which may persuade the court not to release the CICL on bail.
9. As per The J.J.(C&P) Act, 2015, the nature and gravity of the situations/circumstances relating to the involvement of the CICL into the same will be of no significance for consideration of bail of the CICL. So, the CICL has to be released on bail irrespective of the nature and gravity of the situations/circumstances.
The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child.
"As per Section 3(i) and (iv) of the said Act, 2015, all decisions regarding the child shall be passed for the “best interest” of the child(CICL) in order to help the child to develop his/her full potentiality presuming the CICL “to be an innocent.”
Therefore, in all orders pertaining to a CICL has to be a reformative approach for no other reason, but, only for promoting the well-being of the child(CICL).
10. Therefore, as per the mandate of the provisions of Section 12 of The J.J.(C&P) Act, 2015, a CICL has to be released on bail, irrespective of the nature and gravity of the situation/circumstance, because, bail for the CICL is the rule and refusal is an exception. The right of privilege of bail of the CICL can be denied, only assigning clear and valid reasons regarding the applicability of the proviso to Section-12 of The J.J.(C&P) Act, 2015, otherwise not.
11. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts and the Apex Court in the ratio of the following decisions :-
"(i) 2020(2) OJR-73(S.C.) : Exploitation of Children in Orphanages in the State of Tamil Nadu vrs. Union of India and others— J.J.(C&P) Act, 2015— Sections 10 & 12—Bail—The only embargo created for bail of the CICL is that, (i) in case the release of the child likely bring into association with known criminals or (ii) expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice.
(ii) Suo Motu Writ Petition(Civil) No.04 of 2020(S.C.)
The JJBS and Children‟s Court shall consider in taking steps to release all children on bail, unless there are clear and valid reasons for the application of the proviso to Section 12 JJ(C&P) Act, 2015 for the refusal of their bails.
(iii) 2011(4) Cro,es-204(Jharkhand) : Manish Kumar vrs. The State of Jharkhand—J.J.(C&P) Act, 2015— Section 12—Bail—Bail to Juvenile is rule and refusal is an exception.
When the case of the CICL does not come within proviso to Section 12, then the CICL is deserved for bail.
(iv) 2009 Cr.L.J. : A Juvenile vrs. State of Orissa 2002(Orissa)
“A Juvenile needs parental protection and guidance to bring him back to the main-stream of the society from which he has strayed. Thus, his release on bail would aid the ends of justice rather than defeat it.”
(v) 2016(4) Crimes-188(Allahabad): Amit Yadav Alias Monu Alias Bebo vrs. State of U.P. and Anr.— J.J.(C&P) Act, 2000—Section 12—Bail—If there are no imminent chances of his repeating the matter, bail to a juvenile should not be ordinarily refused.
(vi) CRR 53 of 2021(O&M) (P&H) : Vishvas vrs. State of Punjab (dated on 08.02.2021) Para-16—J.J. (C&P) Act, 2015—Section 12—Bail—The social investigation would enable the Board to come to a conclusion as to whether there are any grounds of denying bail as per the proviso to Section 12(1) of the J.J.(C&P) Act, 2015. Therefore, it is incumbent upon the J.J. Board to take into consideration the social investigation report and make an objective assessment of the reasonable grounds for rejecting the bail application of the juvenile. Because, the social investigation report is to identify and understand the circumstances of the child in question, what may have led to the alleged incident."
12. It is the mandate of Section 3 (viii) of The J.J.(C&P) Act, 2015 in administration of that Act that,
“The Central Government, The State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act, shall be guided by the following fundamental principles, namely:-
(i) xx xx xx xx
(ii) xx xx xx xx
(iii) xx xx xx xx
(iv) xx xx xx xx
vi) xx xx xx xx
(vi) xx xx xx xx
(vii) xx xx xx xx
(viii) Principle of non-stigmatizing semantics-Adversarial or accusatory words are not to be used in the processes pertaining to a child.
(ix) xx xx xx xx ”
xx xx xx xx
13. In this revision at hand, the impugned orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned appellate court pertaining to the CICL(petitioner), those are under challenge in this revision are not free from the use of accusatory words, for which, the said orders are not in proper administration of the Act, i.e., The J.J.(C&P) Act, 2015.
On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts in the ratio of the following decision:- 2021(2) Crimes 107(Patna) : Sumit Kumar vrs. State of Bihar—Any order relating to a juvenile passed by any court shall have no effect in eyes of law, if the same be passed in non-conformity with provisions of Juvenile Justice Act, 2015.(Para-11)
14. It appears from the order passed by the appellate court that, neither the Juvenile Justice Board, Kalahandi, Bhawanipatna nor the learned appellate court has referred or perused any social investigation report for ascertaining, whether, there is possibility of the exposure of the CICL to moral, physical or psychological danger and indulgence with any bad associate and there is every chance that, he (CICL) will be exposed to physical or psychological danger, if he is released on bail for the refusal of his bail, for which, it is held that, the reasons assigned by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned Additional Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna in JCT No.15 of 2024 and in Criminal Appeal No.05 of 2024 respectively for the refusal for bail of the CICL on presumptions, surmises/inferences and guess works without referring social investigation report cannot be sustainable under law. Because, the prayer for bail of CICL cannot be considered dehors(without) social investigation report. Therefore, the non-consideration of social investigation report has rendered the impugned orders as illegal.
As such, the impugned orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned appellate court for the refusal of bail of the CICL(petitioner) are not sustainable under law for the following reasons:-
"(i) the impugned orders have been passed using accusatory words pertaining to CICL in contravention with Section 3(viii) of The J.J.(C&P) Act, 2015.
(ii) absence of any material in the record to show that, the CICL was subjected to any form of abuse or was a victim of any similar situation earlier or was mixed with any bad associate earlier.
(iii) absence of any material to show about any immediate chance in repeating the similar circumstance by the CICL.
(iv) absence of any material to show about any possibility or chance of fleeing away from the process of justice, in case of release of the CICL on bail.
(v) passing of the impugned orders in contravention with law without any social investigation report and absence of any material in the record to show that, the father-guardian of the CICL has any bad record, rather the father-guardian of the CICL has sworn through an affidavit that, he will take proper care of the CICL being his natural father guardian after release of the CICL on bail."
So, for the reasons assigned above, there is justification under law, for making interference with the impugned orders through this revision filed by the CICL(petitioner).
As such, there is merit in this revision filed by the petitioner (CICL). The same must succeed.
15. In result, the revision filed by the CICL(petitioner) is allowed on merit.
The impugned orders dated 08.04.2024 and 11.06.2024, respectively passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna in JCT No.15 of 2024 as well as by the learned Additional
Sessions Judge-cum-Special Judge(Children‟s Court), Bhawanipatna in Criminal Appeal No.05 of 2024 are set aside.
16. The prayer for bail of the CICL(petitioner) in J.C. No.14 of 2024 is allowed.
17. The Juvenile Justice Board, Kalahandi, Bhawanipatna is directed to release the CICL(petitioner) on bail in JCT No.15 of 2024 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper with a compulsory condition that:-
The natural father-guardian of the CICL shall furnish an undertaking that, he will not allow the CICL to mix with his any bad associate and shall not allow the CICL to be involved with any similar situations/circumstances.
18. Accordingly, this criminal revision is disposed of finally.
Registry is directed to transmit the copies of this order to the appellate court in reference to Criminal Appeal No.05 of 2024 as well as Juvenile Justice Board, Kalahandi, Bhawanipatna in reference to JCT No.15 of 2024 forthwith for information and lawful actions/compliances to the directions made above.
