JUDGMENT 1. - This is a revision petition against the judgment and order dated 23.12.2013 passed by the learned Sessions Judge, Chittorgarh in Criminal Appeal No.236/2013 (Gotu Lal v. State of Rajasthan) confirming the order dated 18.10.2013 passed by the learned Member, Juvenile Justice Board, Chittorgarh in relation to FIR No. 130/2013, PS Parsoli, District Chittorgarh under Sections 307 and 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. 2. According to the prosecution case, complainant Smt. Ganga Bai w/o Shri Pratap Bheel submitted a written report on 14.09.2013 that her grand-daughter I (named withheld) lives with her and since she was not well, Indra used to go for grazing goats etc. in jungle where Gotulal, while threatening her to kill her grand-daughter committed rape on her. 3. On this report, FIR No.130/2013 was registered under Sections 307 and 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 and the petitioner was arrested and produced before the Juvenile Justice Board, wherefrom he has been sent to the Observation Home, Udaipur. The father of delinquent preferred an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for releasing on bail but the same has been dismissed vide order dated 18.10.2013. 4. Being aggrieved by the order dated 18.10.2013, the petitioner preferred an appeal before the learned Sessions Judge, Chittorgarh but the same has also been dismissed vide order dated 23.12.2013. Hence, this revision petition. 5. The learned counsel for the petitioner submitted that the petitioner is a juvenile and gravity of offence cannot be considered against the juvenile. He further submitted that the petitioner is of 14 years 8 months of age and there is no ground to convict him for the said offences. Hence, he may be enlarged on bail. 6. The learned Public Prosecutor opposed the revision petition in general. 7. In view of fact that the revisionist is a juvenile, his bail application is liable to be considered in accordance with Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Juvenile Act'), which provides:- 12. Hence, he may be enlarged on bail. 6. The learned Public Prosecutor opposed the revision petition in general. 7. In view of fact that the revisionist is a juvenile, his bail application is liable to be considered in accordance with Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Juvenile Act'), which provides:- 12. Bail of 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 afore 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 enquiry regarding him as may be specified in the order." 8. A perusal of Section 12 of the Juvenile Act reveals that a juvenile is entitled to bail notwithstanding gravity of the crime. His bail can be refused only when 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 also manifest that the said Section 12 of the Juvenile Act over-rides the Code of Criminal Procedure, 1973 (for short 'the Code') and other laws for the time being in force and, therefore, in the event of any inconsistency, Section 12 of the Juvenile Act will prevail. 9. It is also manifest that the said Section 12 of the Juvenile Act over-rides the Code of Criminal Procedure, 1973 (for short 'the Code') and other laws for the time being in force and, therefore, in the event of any inconsistency, Section 12 of the Juvenile Act will prevail. 9. Bail to the juvenile can only be refused if anyone of the grounds envisaged in Section 12 of the Juvenile Act exist. So far as the ground of gravity is concerned, it is not covered under the above provisions of the Act. If the bail application of the juvenile was to be considered under the provisions of the Code, there would have been absolutely no necessity for the implement of the aforesaid act. The language that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, the juvenile accused shall be released. Not only this, the Parliament re-considered the entire matter and repealed the old Act of 1986 by introducing new Act No.56 of 2000, realising the age from 16 to 18 years. This has been done keeping in view the welfare of the child so that even after committing an offence, a child may not become a hardened criminal but he may reform himself. 10. Both the courts below rejected the application of the petitioner on the ground that the petitioner may come in the contact of known criminals and his life may be put to danger. For appreciating this ground, it would be necessary to see as to what the word "association" used in Section 12 of the Juvenile Act conveys. 11. The word "association" has been defined in Concise Oxford Dictionary (6th Edition) as an act of associating; organised body of persons for a joint purpose; fellowship, companionship; mental connection between related ideas. 12. The above meaning of word "association" has also been adopted in Legal Glossary, Government of India, 1988 Edition. 13. Thus, to prove "association", it must be shown that the persons so joined, have a common purpose and that there is a mental connection between their related ideas. In such view of the matter, if a person has joined a known criminal or criminals only in a single case, by that, it cannot be inferred that this single act would bring that person in association with known criminal (s). In such view of the matter, if a person has joined a known criminal or criminals only in a single case, by that, it cannot be inferred that this single act would bring that person in association with known criminal (s). There can be apprehension of his associating with known criminal (s) only when there is sufficient evidence to show that he has been joining them regularly so as to give an impression that he would continue to join them in future also. 14. Thus, I am of the view that there would be no justification for inferring that there would be likelihood that his release may bring him in association with known criminal (s). 15. Accordingly, this revision petition is allowed. The impugned order dated 23.12.2013 passed by the learned Sessions Judge, Chittorgarh as well as the order dated 18.10.2013 passed by the learned Member, Juvenile Justice Board, Chittorgarh are hereby quashed. 16. Let the revisionist Gotu Lal be released on bail in the aforesaid case on furnishing a personal bond amounting to Rs. 50,000/- by his natural guardian, father Habuda Bhil S/o Girdhari Bhil with two sound and solvent sureties amounting to Rs. 25,000/- each to the satisfaction of the learned Juvenile Justice Board, Chittorgarh with stipulation that the revisionist juvenile will be produced on each and every date of hearing before the learned Juvenile Justice Board, Chittorgarh or where the case is being transferred and whenever called upon to do so. Further, he will keep watch over the juvenile that the juvenile may not indulge in any other criminal activity.Petition Allowed. *******