JUDGMENT Hon’ble Alok Singh, J. (Oral) 1. Present revisions are preferred against the judgment and order dated 14.10.2015 passed by Principal Judge, Juvenile Justice Board, Rudrapur, Udham Singh Nagar, whereby applications moved by the Juvenile seeking bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for the offence punishable under Section 302 & 504 IPC and 4/25 of the Arms Act were rejected as well as judgment and order dated 03.11.2015, passed by Sessions Judge, Udham Singh Nagar, whereby appeals filed by both the revisionists, were rejected. 2. No doubt both the revisionists are accused in FIR Case Crime No. 170 of 2015 under Section 302 & 504 IPC and 4/25 of the Arms Act P.S. Gadarpur, District Udham Singh Nagar and allegation against both the accused-revisionists is that they have murdered Palvindra Singh @ Bobby by assaulting him with knife. 3. It is not in dispute that both the accused-revisionists are juvenile and are facing inquiry before the Juvenile Justice Board, Rudrapur. 4. This Court in the case of Akash Singh (minor) vs. State of Uttarakhand and another reported in 2013 (1) N.C.C. 894 has held as under: Section 12 of the Juvenile Justice Board (Care and Protection) Act 2000 reads as under : “Section 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 Cord 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 [for placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be 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 incharge 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 incharge 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 release 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.” 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. If for the reasons so recorded, Judge Juvenile Justice Board, finds that juvenile should be placed under the supervision of a Probation Officer or under the care of fit institution or fit person, he can so direct. If bail is denied juvenile shall be kept in the observation home.” 5. In view of the judgment rendered by this Court in the case of Akash Singh (minor) (Supra) there should be some material before the Board to come to the conclusion that if juvenile is released on bail, he may join the company of any known criminal or his release is likely to exposes him to moral, physical or psychological danger. 6. 6. Bail to juvenile should not be denied merely on the basis of some assumption or presumption. 7. Perusal of the order passed by the Board reveals that Board has not discussed any material or reason to deny the bail except by saying that since offence is grave in nature, therefore, bail would not be appropriate. 8. Both the revisions are hereby allowed. Let both the revisionist be released on bail on furnishing respective personal bonds by their fathers-natural guardians and two-two sureties, each of the like amount to the satisfaction of Juvenile Justice Board. Fathers of the both the juvenile shall also file their respective undertaking in the shape of affidavits that during the trial both the juvenile shall remain in their control and custody. 10. CRMA No. 2028 of 2015 also stands disposed of accordingly.