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) is directed against the order dated 2.4.2014 passed by the learned Sessions Judge, Jodhpur Metropolitan (for short 'the Appellate Court' hereinafter), whereby the appeal filed by the juvenile through his guardian under Section 52 of the Act of 2000 against the order dated 27.3.2014 passed by the Juvenile Justice Board, Jodhpur (for short' the Trial Court' hereinafter) on an application under Section 12 of the Act of 2000, whereby the prayer for releasing the juvenile on bail was dismissed. 2. Heard the learned Counsel for the petitioner and the Public Prosecutor and perused the report of the Probation Officer dated 21.4.2014, submitted before this Court on 23.4.2014. 3. Section 12(1) of the Act of 2000 read as under : "When any person accused of a bailable or non-bailable offence, and apparently a juvenile is arrested or detained or appears or 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 or placed under the supervision of a Probation Officer or under the care of any fit institution or fit per son 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." 4. From perusal of Section 12(1) of the Act of 2000, 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 the 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. The nature of offence and the merits of the case do not have any relevance.
The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in the section, which may persuade the Court not release the juvenile on bail. But in this case, there is nothing on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of justice. 5. It is also noticed that on the report dated 21.4.2014, the Probation Officer has recommended that no other case is pending against the juvenile and there is a possibility of reform of the juvenile. 6. In view of the above discussion, the revision petition is allowed. The impugned orders dated 27.3.2014 and 2.4.2014 are set aside and it is directed that petitioner- Irfan son of Nyaz Hussain be released on bail provided his guardian Sadiq Hussain by caste Musalman, resident of Chhipon-ki-Ghati, Chhipon-ka-Chowk, Ganglao Talab, Chandpole Road, Jodhpur furnishes a personal bond in the sum of Rs. 25,000/- with a surety bond in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice board, Jodhpur with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner before the Juvenile Justice Board, Jodhpur or any other Court till the enquiry or trial is concluded.The bail application (S.B. Criminal Misc. Bail Application No. 122/2014) stands disposed of.Revision allowed. *******