Legal Provisions Involved: Section 12(1) and Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3/4 of the POCSO Act, 2012; Sections 137(2), 70(1), and 87 of the Bharatiya Nyaya Sanhita; Section 183 of the Bharatiya Nagarik Suraksha Sanhita.

Judgement By: Rajasthan High Court

Judge/Bench: Justice Anoop Kumar Dhand

Facts

The petitioner, a 17-year-old juvenile, was in the Juvenile Protection Home in Jhunjhunu after being named in FIR No. 124/2025 at Suraj Garh Police Station. The case involved a rape allegation, but the prosecutor specifically accused another person. The juvenile’s bail applications were rejected by the Juvenile Justice Board and the Special POCSO Court.

Key Legal Provisions

Section 12(1) and Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015

Sections 3/4 of the POCSO Act, 2012

Sections 137(2), 70(1), and 87 of the Bharatiya Nyaya Sanhita

Section 183 of the Bharatiya Nagarik Suraksha Sanhita.

Issues Raised

Whether a juvenile can be denied bail just because the offence is serious, even when there is no evidence that releasing him would be harmful?

Arguments of the Case

The petitioner argued that he was not directly accused and co-accused adults had been granted bail. The State opposed bail but could not prove any risk or danger from his release.

Judgement

The High Court allowed the petition, cancelled the earlier bail refusals, and ordered the juvenile’s release on a personal bond and sureties, stating that bail for juveniles should be the rule unless clear reasons exist to deny it.

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