JUDGMENT : Alok Singh, J. Present revision is preferred assailing the order dated 30.09.2015 passed by Juvenile Justice Board, Nainital, whereby application of the accused/revisionist seeking bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was dismissed on the ground that revisionist is an accused for the offence of heinous rape and if he is enlarged on bail he may join the company of known criminals as well as judgment and order dated 17.10.2015 passed by Special Judge, POCSO, Haldwani, Nainital, whereby appeal filed by the accused/revisionist was dismissed. 2. The brief facts of the present case inter alia are that Smt. Neeta Verma has lodged an F.I.R. with police station Ramnagar, Nainital being FIR No. 259 of 2015 under Sections 376 I.P.C. and 3/4 of POCSO Act, stating therein that prosecutrix aged about 17 years left her house at 04:00 p.m. for the coaching classes; when she came back at about 10:00 p.m. in the night, she (prosecutrix) disclosed to the informer that her friend Jagjeet Singh took her Tulsi Palace Hotel and raped her. Statement of the prosecutrix was also recorded by the Magistrate under Section 164 Code of Criminal Procedure; typed copy of the statement under Section 164 Code of Criminal Procedure is handed over in the Court, which is taken on record. 3. As per the statement of the prosecutrix recorded under Section 164 of the Code of Criminal Procedure on 18.08.2015, she went to Pizza Bite to join the birthday party of her friend Tazim; she took selfie with another friend Monti Dangwal and fix that selfie as her profile picture on the whatsapp; having seen this photograph of the prosecutrix with the Monti Dangwal, Jagjeet Singh-revisionist became angry with the prosecutrix; next day, when she was going to coaching classes, accused/revisionist stopped her and took her Anand Misthan and thereafter took her Tulsi Palace Hotel where he rapped her. 4. This Court in the case of Akash Singh (minor) Vs. State of Uttarakhand reported in 2013 (1) N.C.C. 894 ; Anup (juvenile) Vs. State of Uttarakhand reported in 2014 (1) N.C.C. 48 and Ankit (minor) Vs. 4. This Court in the case of Akash Singh (minor) Vs. State of Uttarakhand reported in 2013 (1) N.C.C. 894 ; Anup (juvenile) Vs. State of Uttarakhand reported in 2014 (1) N.C.C. 48 and Ankit (minor) Vs. State of Uttarakhand and another reported in 2013 Criminal Law Journal 4989 has held as under: “Having perused Section 12 of the Act I have no hesitation to hold that the moment of juvenile is arrested or detained or brought before the Board, ordinarily such juvenile should be released on bail with or without sureties. However, second part of the Section 12 of the Act provides that when juvenile justice board or court for the reasons recorded find that there are reasonable grounds believing that release is likely to bring him into association with any known criminal or shall expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, may refuse the Bail. In my considered opinion, bail can be denied to the juvenile only when there is a material on record suggesting that juvenile may join the company of any known-criminal; on release likely to exposes him to moral, physical or psychological danger. There must be some material before the Court to form such opinion and bail should not be denied to juvenile merely on the basis of some assumption or presumption.” 5. In the present case, Juvenile Justice Board, Nainital while rejecting the bail has observed that since applicant/accused has committed serious offence of rape, therefore, if he is released on bail, he may join bad company. Learned Juvenile Board has not referred to any material in support of such observation. Learned Juvenile Justice Board should discuss entire material produced before it to come to the conclusion that if bail is granted juvenile may join the association with any known criminal or shall expose him to moral, physical or psychological danger or that his release could defeat the ends of justice. 6. In other words, reason to believe must be on the basis of some material placed on record and not on the basis of hypothesis or conjectures. Therefore, petition succeeds and is hereby allowed. Impugned orders are hereby quashed. 7. Let juvenile be released on bail on furnishing personal bond by his natural father and guardian Sri Manjeet Pal Singh of Rs. Therefore, petition succeeds and is hereby allowed. Impugned orders are hereby quashed. 7. Let juvenile be released on bail on furnishing personal bond by his natural father and guardian Sri Manjeet Pal Singh of Rs. 50,000/- to the satisfaction of Principal Judge, Juvenile Justice Board, Nainital. Natural father/guardian Manjeet Pal Singh shall also file an affidavit alongwith personal bond to the effect that during the bail juvenile shall remain in his custody and control and shall not be allowed to mix up with any criminal or to indulge in any criminal activities.