Reaffirming that bail is the rule under Section 12 JJ Act – refusal only on statutorily specified grounds; lack of guardianship by itself cannot bar release
Summary
| Category | Data |
|---|---|
| CNR | JHHC010095502025 |
| Decision Date | 29-08-2025 |
| Disposal Nature | Revision allowed |
| Judgment Author | Hon’ble Mr. Justice Sanjay Kumar Dwivedi |
| Court | High Court of Jharkhand at Ranchi |
| Bench | Single-Judge Bench |
| Type of Law | Juvenile Justice; Criminal Procedure |
| Questions of Law | Whether lack of parental guardianship alone constitutes a reasonable ground for refusal of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 |
| Ratio Decidendi | Bail to a juvenile-in-conflict-with-law is the rule under Section 12 of the JJ Act, 2015; refusal is an exception limited to
Age of the juvenile and gravity of the offence are not independent grounds for denial. Lack of parental guardianship, without any of the three statutory grounds, is not a reasonable basis to refuse bail. Judicial discretion under Section 12 must be exercised in harmony with the scheme that treats bail as a norm for all juveniles. |
| Logic / Jurisprudence Relied Upon | Detailed statutory analysis of Section 12 JJ Act, 2015: distinguishing bail-as-rule vs. limited exceptions; no classification by offence gravity or age above 16; uniform application to all juveniles without discrimination. |
| Facts as Summarised by the Court | Juvenile “X” (aged ~14, Class VIII student) was taken into custody in Ghaghra P.S. Case No.18/2024 on 10-03-2024 and has remained in an observation home; FIR was initially registered against unknown persons and petitioner’s name surfaced during investigation; no criminal antecedents; mother/natural guardian ready to give undertaking. |
| Citations | (2025:JHHC:26047) |
What’s New / What Lawyers Should Note
- Clarifies that bail to a juvenile under Section 12 JJ Act, 2015, is the default and refusal is strictly limited to three statutory grounds.
- Holds that absence of parental guardianship alone is no “reasonable ground” to deny bail.
- Confirms that seriousness of the alleged offence and the juvenile’s age above or below any threshold are irrelevant to the bail inquiry under Section 12.
Summary of Legal Reasoning
- Section 12(1) JJ Act, 2015, makes bail to a juvenile the rule; denial is an exception only if:
- Release likely brings the juvenile into association with known criminals;
- Release would expose the juvenile to moral, physical, or psychological danger;
- Release would defeat the ends of justice.
- The statute contains no carve-out based on the gravity of the offence or the juvenile’s age. Even in heinous offences, bail remains available under the same criteria.
- Both lower courts rejected bail solely due to lack of parental guardianship, which is not among the three grounds.
- The High Court set aside those orders, directing release on bail with appropriate undertakings and probation-monitoring conditions.
Arguments by the Parties
Petitioner
- Juvenile was about 14 years old and a student, with no criminal antecedents.
- Detained in an observation home since 10-03-2024.
- Natural guardian (mother) ready to undertake care and ensure no exposure to danger.
- Lower courts erred in denying bail purely for lack of parental guardianship.
State & Informant
- Opposed bail, relying on the juvenile’s alleged confession to police.
Factual Background
Juvenile “X,” aged approximately 14 and studying in Class VIII, was implicated in Ghaghra P.S. Case No. 18/2024 (G.R. Case No. 604/2024) after his name emerged during investigation; he was remanded to an observation home on 10-03-2024. The Judicial Magistrate and the Special Judge (Children’s Court) rejected his bail application on grounds of inadequate parental guardianship. He has no prior record and his mother stands ready to provide necessary undertakings.
Statutory Analysis
- Section 12 JJ Act, 2015, treats bail to juveniles-in-conflict-with-law as the norm.
- Three exclusive grounds for bail refusal:
- Risk of association with known criminals;
- Exposure to moral, physical, or psychological danger;
- Defeat of ends of justice.
- No differentiation by offence type (“heinous” vs. “non-heinous”) or juvenile’s age above or below 16.
- The provision applies uniformly to all juveniles without classification or discrimination.
Alert Indicators
- ✔ Precedent Followed – Reaffirms the statutory scheme of Section 12 JJ Act, 2015.
Citations
- High Court of Jharkhand: Criminal Revision No. 338 of 2025 (2025:JHHC:26047)
- CNR: JHHC010095502025