HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.901 of 2024 X (juvenile in conflict with law) ...Revisionist Versus State of Uttarakhand ...Respondent Present:- Mr. B.M. Pingal, Advocate for the revisionist. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this revision is made to the followings:- (i) The judgment and order dated 18.11.2024, passed in Bail Application No.1 of 2024, State vs. X (the CIL), by the Juvenile Justice Board (JJB), Rudraprayag, by which, an application for bail filed by the revisionist, who is also a child in conflict with law (the CIL), has been rejected and; (ii) The judgment and order dated 30.11.2024, passed in Criminal Appeal No.35 of 2024, CIL vs. State, passed by the court of Children Court/Special Session Judge, Rudraprayag, District Rudraprayag (“the Appeal”), by which, the appeal against the judgment and order 18.11.2024 passed by the JJB, Rudraprayag. 2 2. Heard learned counsel for the parties and perused the file. 3. The revisionist is a child in conflict with law (CIL). 4. According to the FIR, the victim, a young girl of 16 years of age, was found pregnant. She revealed that the CIL is the father of the child. 5. Learned counsel for the revisionist would submit that it is a case fit for bail, because it is a social investigation report, there is nothing against the applicant i.e. the CIL. The CIL and the victim, both were child. 6. State was required to file objections, but State failed to do so. 7. Learned State Counsel would submit that in the order of the JJB, it is recorded that due to “dushpravriti” of the CIL, the offence was committed. 8. For a child in conflict with law, every offence is bailable. The CIL is entitled to be released on bail as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“the Act”), irrespective of the offence having been classified bailable or non bailable. The only rider is the proviso to Section 12 of the Juvenile Justice Act. The child may not be released on bail, if there are grounds 3 to believe 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 release of the person would defeat the ends of justice. 9. The JJ Act is, in fact, child friendly. The central theme is that the child interest is supreme. Section 3 of the JJ Act incorporates the general principles to be followed in the administration of the Act. According to which, “all decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential. In fact, Section 3 sub section (v) speaks of primary responsibility. According to it, “the primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be”. 10. On behalf of the CIL, it is argued that it is the case of romantic relationship between the CIL and the victim. Both were studying in Class XI in a school. 11. The social investigation report, as such, has not been placed by the State for perusal of the Court, but the judgment and order dated 30.11.2024 passed in the appeal makes record of it. In para 14 of this judgment which is recorded as follows:- 4 “A bare perusal of the above, makes it clear as per social investigation report, the child is a student of Class XI. He is a normal caliber boy. He was not involved in any extracurricular activities.” 12. Nothing has been shown that if released the CIL would come into contact with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. 13. Having considered, the entirety of facts, this Court is of the view that in this case, there is no impediment in grant of bail to the CIL. Accordingly, the revision deserves to be allowed. 14. The revision is allowed. The judgment and orders are set aside. 15. The CIL be given into the custody of his grandfather subject to production of two reliable sureties. The grandfather of the CIL shall also give an undertaking that he shall take care of the CIL and shall not allow him to contact any of the witnesses or their family members. The grandfather of the CIL shall also undertake that he shall also not contact either the witnesses or any of their family members. (Ravindra Maithani, J.) 02.01.2025 Ravi