In absence of any cogent evidence, bail cannot be denied to juvenile merely on speculation that he may come into association with known criminals

Any person, who is a child, is entitled to be released on bail with or without surety or placed under the supervision of a probation officer or the care of any fit person. The distinction between bailable or non-bailable offence has been done away with in respect of a juvenile. In other words, every juvenile is entitled to be released on bail except in circumstances where his/her release will bring him/her into association with any known criminal or expose him/her to moral, physical or psychological danger or that his release would defeat the ends of justice.

As per S.2 (12) of Juvenile Justice Act, 'child' means a person who has not completed eighteen years of age". The applicant in question was less than 18 years of age at the time of the incident. Bail can be refused if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal. The word 'known' has not been used by the legislature without purpose. By use of the word 'known', the legislature requires that the Court must know the full particulars of the criminal with whom the delinquent is likely to come into the association.

No doubt bail can be refused if there appears reasonable grounds to believe that the release is likely to bring that person into association with any known criminal. However, on mere speculation, bail cannot be denied.

Appearing counsel/s : Mr. G.C. Lakhchaura, Ms. Lata Negi