JUDGMENT 1. - This criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') is directed against the order dated 2.2.2007 of District & Sessions Judge, Jodhpur whereby he dismissed the appeal filed by the petitioner against the order dated 24.1.2007 passed by Principal Magistrate (Chief Judicial Magistrate), Juvenile Justice Board, Jodhpur by which the bail application filed by the petitioner under Section 12 of the Act was rejected. 2. The petitioner is facing an inquiry in the Juvenile Justice Board, Jodhpur under Section 8/18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 for alleged recovery from his possession of opium weighing around 3 kg on 19.7.2006. An application under Section 12 of the Act was filed on behalf of the petitioner for his release on bail, which was rejected by the Juvenile Justice Board, Jodhpur vide order dated 24.1.2007 and the appeal filed against the order was dismissed by the appellate court vide impugned order dated 2.2.2007. Aggrieved by this order, the petitioner has filed this revision petition. 3. Under Section 12(1) of the Act when any juvenile accused of a bailable or non-bailable offence is arrested or detained or appears or is brought before a Board, such persons shall, notwithstanding anything contained in the Code of Criminal Procedure or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The language of Section 12 of the Act using the word 'shall', is mandatory and it provides non-obstante clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force", which conveys the intention of the legislature to grant bail to the juvenile irrespective of nature or gravity of the offence alleged to have been committed by him and the bail can be denied only in the case where there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. 4. In the instant case, there is a report of Probation Officer, Jodhpur wherein it has been stated that the petitioner has not been found to have a tendency to commit offence nor he is known to have associated with bad persons. It has also been mentioned that during custody his conduct has been good and it is expected from him that he will be a good citizen. It has also been said that it is in the interest of the juvenile to release him on bail. 5. After considering the report of the Probation Officer, I do not think that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. 6. In view of the above discussion, I consider it just and proper to allow the revision petition and release the petitioner on bail under Section 12 of the Act. 7. The father of the petitioner is said to be absconding and the brother Ganga Ram is said to be the guardian of the petitioner. In the report of the Probation Officer also, it has been mentioned that mostly the brother Ganga Ram is looking after the family. Therefore, it is considered fit and appropriate to release the petitioner on Ganga Ram executing a surety bond. 8. Consequently, the revision petition is allowed. In the report of the Probation Officer also, it has been mentioned that mostly the brother Ganga Ram is looking after the family. Therefore, it is considered fit and appropriate to release the petitioner on Ganga Ram executing a surety bond. 8. Consequently, the revision petition is allowed. The orders of the Juvenile Justice Board, Jodhpur as well as the impugned order of the appellate court declining bail to the petitioner are set aside and it is directed that the petitioner shall be released on bail on furnishing a surety bond by Ganga Ram S/o Narayan Ram, by caste Jat, resident of Meeno Ki Dhani, Police Station Osian, District Jodhpur in the sum of Rs.25,000/- to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Jodhpur with the stipulation that on all dates of hearing during pendnecy of the inquiry he shall produce the petitioner before the Juvenile Justice Board, Jodhpur or any other court.Revision petition allowed. *******