ORDER 1. The present revision petition, filed under section 53 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity 'the Act of 2015') has been directed against judgment dated 17.6.2020 passed in Cr.R(A). No.19/2020, by Third Additional Sessions Judge, West Nimar, District Khargone, wherein the order dated 29.5.2020 passed by Principal Magistrate, Juvenile Justice Board, District West Nimar, Khargone has been affirmed, by which the application filed by the applicant under section 12 of 'The Act of 2015', seeking his release on bail in Crime No.188/2020 registered at Police Station Kasrawad for offence under sections 363, 366, 366A, 376, 376(D), 341 of IPC, 1860 and sections 3 /4, 5(g)/6 of Protection of Children from Sexual Offences Act, 2012 has been dismissed. 2. The brief facts leading to filing of the case are that on 30.4.2020, the prosecutrix was going to the field on work, at that time, the applicant and co-accused Suklal came there in a motorcycle, stopped her and abducted her in the motorcycle to a trench near village Kamodwada, where they committed rape with her. Thereafter they took her to village Kamodwada, however, on seeing the prosecutrix's brother coming in a motorcycle towards them, the applicant and the co-accused fled away leaving the motorcycle on the spot. The prosecutrix was rescued by her brother. The prosecutrix narrated the story to her family members. Thereafter the prosecutrix along with her brother went to police station-Kasrawad and lodged a complaint. On the basis of which Police registered FIR bearing Crime No.188/2020 for offence punishable under sections 363, 366, 366A, 376, 376(D), 341 of IPC, 1860 and sections 3 /4, 5(g)/6 of Protection of Children from Sexual Offences Act, 2012. The prosecutrix was sent for medical examination. Police reached the spot, prepared spot map and the arrested the applicant. The applicant was also sent to medical examination. During investigation, it was found that the applicant was below the age of 18 years, therefore, he was produced before the Juvenile Justice Board, West Nimar, Khargone from where he was sent to remand home. After completion of investigation, charge-sheet was filed against the applicant before the Juvenile Justice Board, West Nimar, Khargone. 3. In the present case, the applicant was arrested on 1.5.2020. After completion of investigation, charge-sheet was filed against the applicant before the Juvenile Justice Board, West Nimar, Khargone. 3. In the present case, the applicant was arrested on 1.5.2020. The father of the applicant filed an application for bail before the Principal Magistrate, Juvenile Justice Board, West Nimar, Khargone, for taking custody of his son, which was rejected vide order dated 29.5.2020. Being aggrieved by the said order, he preferred an appeal under section 101 of 'The Act of 2015' before the Court of Third Additional Sessions Judge, District Khargone which came to be dismissed vide the impugned judgment and hence this revision petition. 4. Learned counsel for the applicant has submitted that the Courts below has committed illegality in rejecting the prayer of the applicant for bail without complying with the provisions of law as mentioned in section 12 of 'The Act of 2015'. He placed reliance on the decision of co-ordinate Bench of this High Court in the case of Ritesh v. State of M.P. 2011(4) MPLJ 226 and Hansraj v. State of M.P. 2005(2) ANJ (M.P.) 407, in which it has been held that the bail to the juvenile is mandatory till the matter has not come under the category of three exceptions mentioned in section 12 of the 'Act, 2015'. It is further submitted that there is no likelihood that applicant would come into contact of any known criminal or his release would expose him to moral, physical or psychological danger or otherwise defeat the ends of justice. 5. On the other hand learned Public Prosecutor opposed the prayer contending that there is clear allegation of commission of rape in the statement of prosecutrix recorded under sections 161 and 164 of Cr.P.C, which involves immoral act. Therefore both the Courts below have not committed any illegality in rejecting the prayer of the applicant, considering the nature of crime committed by him. The impugned judgment passed by the learned appellate Court cannot be termed as illegal or against the material available on record. Under these circumstances, he prayed for rejection of this revision petition. 6. Considering the contentions raised by both the parties and also perused the order and documents filed by the parties. 7. 'The Act, 2015' has come into force since 12.1.2016. The provisions for bail to the juvenile has been made in section 12(1) of the aforesaid Act, which reads as under:- “12. 6. Considering the contentions raised by both the parties and also perused the order and documents filed by the parties. 7. 'The Act, 2015' has come into force since 12.1.2016. The provisions for bail to the juvenile has been made in section 12(1) of the aforesaid Act, which reads as under:- “12. Bail to a person who is apparently a child alleged to be in conflict with law:- (1) when any person, who is apparently a child and is alleged to have committed a bailable or nonbailable offence, is apprehended or detained by the police 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 person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.” 8. From the perusal of the record, it appears that the application for bail of the applicant has been rejected by the Juvenile Justice Board and on appeal dismissed by the Third Additional Sessions Judge, District Khargone on the ground that there exist reasonable grounds under the section for believing that the release of the juvenile is likely to bring that person into association with the known criminal or expose the said person to moral, physical or psychological danger or that this release would defeat the ends of justice. However, it can be lost sight of the fact that such provision is indicative of the intend of the legislature that a child conflicted with law should not be kept in custody normally except under the circumstances narrated under the section 18 of 'the Act'. The report filed by the Probation Officer also suggested that the applicant is not having any criminal background and his tendency is not to indulge in crime and his release would not defeat the ends of justice. The report filed by the Probation Officer also suggested that the applicant is not having any criminal background and his tendency is not to indulge in crime and his release would not defeat the ends of justice. Under these circumstances, refusal of bail would be against the intention of 'The Act of 2015'. Therefore, taking into consideration of all the aforesaid facts in the opinion of this Court, “ends of justice” would be served if the applicant be released on bail and sent to custody of his guardian. 9. Accordingly, the present revision petition is allowed and the order dated 29.5.2020 passed by Principal Magistrate, Juvenile Justice Board, District West Nimar, Khargone and judgment dated 17.6.2020 passed in Cr.R(A). No.19/2020, by Third Additional Sessions Judge, District Khargone, are hereby set aside and it is directed that the applicant shall be released on bail and handed over to the custody of his father on furnishing a personal bond of Rs.75,000/- (Rupees Seventy five thousand only) with one solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, West Nimar, Khargone, subject to the condition that the father of the juvenile shall keep watch over him during the period of his release and keep him present on each and every dates of appearance before the Juvenile Justice Board and shall not allow the applicant to come into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice in any manner. It is further directed that Probation Officer shall periodically keep vigilance over the child conflicted with law and observe his activities and in the event of any diversity noticed by him he shall arrest the child conflicted with law. Eventually, the order granting bail shall stand automatically cancelled in view thereof. 10. Resultantly, this revision petition stands allowed and disposed of in the manner indicated herein-above, thereby setting aside the impugned judgments.