Bail is the rule and denial an exception for juveniles.

Supreme Court Grants Bail to Juvenile, Overturns Rajasthan High Court Order, Apex Court Emphasizes Bail as a Rule for Juveniles, Highlights Role of Social Investigation Reports

In a significant judgment, the Supreme Court of India has overturned a Rajasthan High Court decision, granting bail to a juvenile referred to as "Juvenile In Conflict With Law AA." The bench, comprising Justices Manoj Misra and Joymalya Bagchi, emphasized the principle that bail is the rule and its denial is an exception in cases involving juveniles, as outlined under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The judgment came in response to Criminal Appeal No. 5356 of 2025, arising from Special Leave Petition (Crl.) No. 18636 of 2025. The appellant’s initial plea for bail was denied on the grounds that it could lead to association with negative influences, a decision upheld by subsequent appeals in the lower courts.

The Supreme Court criticized the Rajasthan High Court for dismissing the appellant's revision petition on the grounds of it being a second revision without new grounds. The apex court clarified that the second bail application was filed after the completion of the investigation, presenting a fresh cause of action.

The Supreme Court highlighted that the completion of the investigation, the period of detention, and the co-accused being granted bail are valid grounds for reconsidering bail applications. It underscored the importance of the social investigation report, which favored the juvenile's rehabilitation within his family, indicating no criminal antecedents in the family or risk of falling into bad company.

Consequently, the Supreme Court set aside the previous orders, granting bail to the juvenile without surety. The court directed the Juvenile Justice Board to ensure that the juvenile remains under the supervision of a Probation Officer, with periodic conduct reports submitted to the Board.

This judgment reinforces the legal mandate under Section 12 of the Juvenile Justice Act, which stipulates that bail for juveniles should be granted unless there are specific concerns about potential harm or negative influences.

Bottom Line:

Juvenile Justice Act, 2015 - Second revision petition challenging rejection of bail prayer maintainable if it arises from a fresh cause of action - Bail is the rule and denial an exception for juveniles.

Statutory provisions: Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 12, 101, 102

Juvenile In Conflict With Law AA v. State of Rajasthan, (SC) : Law Finder Doc id # 2821380