MASTER ABHISHEK Vs. STATE

JUDGEMENT

(1.) The revision petition is directed against the order refusing bail to the petitioner who is a Juvenile. Petitioner was arrested in an offence u/s 323/302/34 IPC in case FIR No. 338/04 dated 5.7.2004 PS Kalyan Puri. As per practice, Juvenile Justice Board asked for the social investigation report. The Probation Officer in the social investigation report dated 12.8.2004 says that the petitioner was not arrested in any previous case and that the family was taking care of the juvenile properly. He further reports that the ethical and religious value of the family are normal. The relationship between the family members was healthy and there was no anti-social history of the family. As per the school record, the juvenile was a good student having scored scholarship in class VII. The circumstances leading to the offence are said to be co-incidental. The Juvenile Justice Board rejected the application for bail on the observation that the juvenile was of impulsive nature. Further, it was observed that the manner in which the juvenile committed the crime shows his aggressive behaviour as well as tendencies to harm others and that the fact that the person assaulted only with his fist and arms died shows his brutal mental make up. The Juvenile Justice Board observed that in these circumstances it would not be in the interest of justice to admit the juvenile to bail. The learned trial court found no infirmity in the order.

(2.) It is submitted before this Court that the severity of the offence is not one of the conditions on which bail can be granted or refused to the juvenile. Section 12 of The Juvenile Justice (Care and Protection of Children) Act, 2000 allows bail to every juvenile. The exceptions to the general rule are :- (1)There appears to be a reasonable ground for believing that the release is likely to bring the juvenile into association with any known criminal; (2)The release is likely to expose him to moral, physical and psychological danger; (3) His release would defeat ends of justice.

(3.) Admittedly the petitioner/juvenile is not a member of any gang. Nor has he committed the offence as a member of any group of anti-socials. The social investigation report shows that the offence was committed in circumstances which were co-incidental. There is no previous history of the juvenile having become delinquent. In fact, the school record shows the juvenile to be academically oriented. His neighbours are happy with him. The family has been supportive and has been taking care of the child. Therefore if he is released and is sent back to the family there is no likelyhood that he would be exposed to moral or psychological danger.