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Showing contexts for: DENIAL OF BAIL in Avnish Kumar vs The State Of Bihar on 7 August, 2025Matching Fragments
(ii) expose the said person to moral, physical or psychological danger, or, (iii) the person's release would defeat the ends of justice.
23. It also emerges that seriousness of the alleged offence or the age of the juvenile are also no relevant considerations for denial of bail under Section 12 of the J.J. Act. Even the child who is 16 years or above 16 years of age and is Patna High Court CR. APP (SJ) No.2609 of 2024 dt.07-08-2025 alleged to have committed a heinous offence is also entitled to get bail under Section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 in regard to grant of bail. Section 12 is applicable to all juveniles in conflict with law without any discrimination of any nature. (Also refer to Lalu Kumar @ Lal Babu Vs. State of Bihar, 2019 (6) BLJ 2016).
38. The High Court of Bombay in XYZ v. State of Maharashtra, as reported in 2023 SCC OnLine Bom 2790 has held that grounds for denial of bail must be based on material. The relevant part of judgment reads as follows:
"6.The mandate of the aforesaid provisions requires that the CCL alleged to have committed a bailable or non bailable offence and apprehended, shall be release on bail with or without surety. The proviso to Section 12(1) puts an exception, where there are reasonable grounds to believe that the release of CCL is likely to bring him into the association with any known criminal or exposed him to moral, physical or sociological danger or his release would defeat the ends of justice. It is therefore, evident that the denial of bail to the CCL shall be for specific reasons akin to above proviso. ..................................................................
(Emphasis supplied)
39. Hence, it is clearly found that notwithstanding anything contained in the code of criminal procedure or any other law for time being in force, bail to a juvenile in conflict with law is governed by Section 12 of the J.J. Act, 2015. This Section is equally applicable to all juveniles in conflict with law Patna High Court CR. APP (SJ) No.2609 of 2024 dt.07-08-2025 without any discrimination of any nature. Even bail to a juvenile in conflict with law of the age between 16 to 18 years, being accused of heinous offence, is governed by Section 12 of the J.J. Act. Moreover, under Section 12 of the J.J. Act, 2015, bail to a juvenile is a rule and the refusal of the same is an exception and it can be denied only on three grounds as provided in the proviso to Section 12(1) of the J.J. Act, 2015. It is also found that nature and seriousness of the alleged offence is not relevant for consideration of bail under Section 12 of the J.J. Act. "The ends of justice" as used in the proviso to Section 12(1) of the J.J. Act is drastically different to one as used in general criminal jurisprudence. If the detention of the juvenile at Observation Home or other institutions as contemplated under the J.J. Act is helpful in protection, development and rehabilitation of the juvenile, only then it can be said that release of the child would defeat the ends of justice. It is also found that the denial of bail must be reasoned. The grounds of denial must be based on relevant facts and circumstances, as emerging from the material on record. Social Investigation Report is one of the most important such material. Perusal of such report is mandatory as per Section 15 (2) of the J.J. Act, 2015. The Board/Court is required to know not only about the offence committed by the Patna High Court CR. APP (SJ) No.2609 of 2024 dt.07-08-2025 juvenile but even about the socio-economic conditions/circumstances under which the offence was committed, so that appropriate order in regard to the juvenile in conflict with law could be passed with intent to reform and rehabilitate the juvenile and reintegrate him with the mainstream of the society.
40. Now coming to the judgment Child in Conflict with Law Vs. State of Madhya Pradesh, 2023 SCC OnLine MP 585 as referred to and relied upon by the learned counsel for the informant and APP for the State is not against the aforesaid finding of law by this Court. Madhya Pradesh High Court in this judgment has clearly held that all decisions regarding the child should be based on primary consideration of best interest of the child. It has also held that seriousness of the offence can not be a basis for denial of bail to a juvenile. It only says that aggravated sexual assault against a girl of tender age may expose juvenile to the danger of retribution by the society and, hence, may expose the juvenile to the physical danger. So, I have no dispute with such opinion of Madhya Pradesh High Court. However, such possibility of exposure to physical danger must be based on concrete finding as per Social Investigation Report and otherwise and it cannot be based only on surmises Patna High Court CR. APP (SJ) No.2609 of 2024 dt.07-08-2025 and conjecture. If there is concrete material in the Social Investigation Report to show that the Juvenile may face backless of the society, if he is released on bail, bail could be denied to him for his protection.