Juvenile Justice (Care and Protection of Children) Act, 2015
Section 3—Responsibility of biological family of Child in Conflict with Law (CIL)—Primary responsibility of nurturing, care and protection of a child in conflict in law lies with his biological family or adoptive or foster parents, as the case may be.
[Para 7]
Section 12—Denial of bail to Child in Conflict with Law—Revision—FIR registered under Sections 147, 148, 120B, 302 & 504 of IPC—A child is always entitled to bail irrespective of the offence being bailable or non-bailable—Only rider is given under the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, according to which, a CIL may not be released on bail, if there appears reasonable grounds for believing that his release may likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice, only in such eventuality, the CIL may be denied bail—Case of sudden fight between two groups—CIL works in a Thela of his cousin—This is not a case, in which the proviso to Section 12(1) of the Act comes into play—No reason found to deny the bail to the CIL—Impugned orders set aside—Revision allowed.
[Paras 6 to 10]