JUDGMENT 1. - This criminal revision petition under Section 397/401 Cr.P.C. read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act of 2000" hereinafter) has been filed by the petitioner, who is a juvenile, through his mother Smt. Paru Devi, challenging the order dated 22.6.2009 passed by the Sessions Judge, Sirohi (for short, the Appellate Court" hereinafter) in Criminal Appeal No. 29/2009, whereby the appeal filed by the petitioner against the order dated 11.6.2009 passed by the Principal Magistrate, Juvenile justice Board, Sirohi (for short, "the Board" hereinafter) has been dismissed. 2. I have heard learned counsel for the petitioner and the Public Prosecutor. Carefully gone through the orders passed by the Board and the Appellate Court. 3. Briefly stated, the facts of the case, to the extent they are relevant and necessary for the decision of this criminal revision, are that a crime report, being C.R. No. 115 dated 17.5.2009 came to be lodged at Police Station, Sirohi by one Kewa Ram Rebari inter alia alleging therein that the persons of Bawari community were assaulting Warta Ram and Nawa Ram by Lathis and iron rods. In the statement of witnesses recorded under Section 161 Cr.P.C., more particularly Ganpat Singh who alleged to have rescued the injured, it has been stated that accused Pitha had a lathi, who had inflicted a head injury to deceased Nawa Ram and it was.alleged that many persons named in the First Information Report, including the present petitioner, assaulted and caused injuries to the deceased. So far as the present petitioner is concerned, it has been stated that he had a lathi in his hand and inflicted injury on the knee of injured Ganpat Singh. The investigation ensued and after investigation, the police filed challan against the various persons. However, so far as the present petitioner is concerned, he being a juvenile as defined under Section 2(k) of the Act of 2000, the challan has been filed against him before the Board. The petitioner, through his mother, filed an application before the Board under Section 12 of the Act of 2000 seeking bail and the Principal Magistrate dismissed the bail application vide order dated 11.6.2009, against which the petitioner, through his mother, filed an appeal before the Appellate Court and the Appellate Court dismissed the appeal vide impugned order dated 22.6.2009. Hence this criminal revision petition. Hence this criminal revision petition. 4. It is contended by the learned counsel for the petitioner that Section 12 of the Act of 2000, being a special statutory provision dealing with grant of bail to the juvenile, provides that when any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety; however certain exceptions for denying the bail have been enumerated in the section itself and those exceptions are that if there appears 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. Learned counsel for the petitioner has relied on the decisions of this Court in Jeeturam through his father natural guardian Fusa Rani Slo Mangaram v. State of Rajasthan, 2005(1) RDD 340 (Raj.) ; Imtiyaz v. State of Rajasthan, 2005(8) RDD 3179 (Raj.) ; and Prakash v. State of Rajasthan, 2006(1) RDD 278 (Raj.). Section 12 of the Act of 2000 reads as under : "Section 12. Bail to juvenile.-(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) 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. (2) When such person having been arrested is not released on bail under sub-section (1) by the Officer-in-charge of the Police Station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (2) When such person having been arrested is not released on bail under sub-section (1) by the Officer-in-charge of the Police Station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order." 5. From the perusal of Section 12 of the Act, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of delinquent juvenile 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. Section 12 of the Act is a special provision injuncting the Courts from refusing bail to a delinquent juvenile except for the reasons stated in the section itself, i.e. if he be so released there are reasonable grounds for believing that he will come 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. At the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. 6. At the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. The language of Section 12 of the Act, using the word 'shall' is mandatory in nature and providing non-obstante clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time-being in force be released on bail" shows the intention of the Legislature to grant bail to the delinquent juvenile offender by releasing him on bail who is arrested or produced before a Court; however, with exception to release him on bail if there are reasonable grounds for believing that his 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. It is for the prosecution to bring on record such material while opposing the bail and to make out any of the grounds provided in this section which may persuade the Court not to release the juvenile on bail. 7. The Act is beneficial and social-oriented legislation which needs to be given full effect by all concerned whenever the case of juvenile comes before them. In absence of any material or evidence of reasonable ground to believe that the delinquent juvenile, if release on bail, is likely to come into association with any known criminal or expose him to moral, physical or psychological danger, it cannot be said that his release would defeat the ends of justice. On the contrary, keeping in view the legislative intent in enacting the Act, the juvenile offender deserves to be released on bail. 8. In view of the aforesaid discussion, the revision petition is allowed. The orders of the juvenile justice Board as well as the Appellate Court refusing to release the delinquent juvenile on bail, are hereby set aside and it is directed that petitioner Papiya S/o Prema Ram be released on bail, provided his mother Smt. Paru Devi W/o Prema Ram, the natural guardian, furnishes a personal bond in the sum of Rs. The orders of the juvenile justice Board as well as the Appellate Court refusing to release the delinquent juvenile on bail, are hereby set aside and it is directed that petitioner Papiya S/o Prema Ram be released on bail, provided his mother Smt. Paru Devi W/o Prema Ram, the natural guardian, furnishes a personal bond in the sum of Rs. 20,000/- with a surety in the like amount to the satisfaction of the Juvenile Justice Board, Sirohi with the stipulation that on all subsequent dates of hearing, she shall produce the juvenile before the said Board or any other Court during pendency of the inquiry in the case and the natural guardian shall keep proper look-after of the delinquent child and keep him away from the company of known criminals.Revision petition allowed. *******