JUDGMENT : ASHOKKUMAR C. JOSHI, J. 1. This revision application is filed by applicant - a juvenile in conflict with law, Jay Hirabhai Bharwad through Hirabhai Gandabhai Bharwad under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 r/w. Section 397 of the Criminal Procedure Code, 1973 to quash and set aside the order dated 06.08.2020 passed by the learned 3rd Additional Sessions Judge, Viramgam in Criminal Appeal No. 10/2020, whereby, the learned Sessions Judge was pleased to confirm the order dated 14.07.2020, passed by the learned Principal Magistrate, Juvenile Justice Board in Juvenile Court Inquiry Case No. 139/2020 by which, the learned Magistrate was pleased to reject the application for regular bail of the present applicant – juvenile and further, to enlarge the juvenile applicant on regular bail in connection with FIR being C.R. No. 11192060200068 of 2020, registered with Viramgam Rural Police Station, District Ahmedabad (Rural) for the offences punishable under Sections 302, 201, 364 and 120-B Indian Penal Code, 1860 (IPC). 2. Heard learned advocate Mr. N.K. Majmudar for the juvenile applicant and learned APP Mr. H.K. Patel for the respondent-State through Video Conference. 3. Rule. Learned APP waives service of notice of rule on behalf of the respondent-State. Submission of the Parties: 4. The learned advocate for the juvenile applicant has submitted that the applicant is a minor and therefore, by virtue of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the Juvenile Act’ for short), it would be mandatory for the Court to enlarge the applicant on bail. It is submitted that the learned Sessions Judge has failed to appreciate and interpret the provisions of section 12 of the Act in the its true and proper perspective. It is submitted that according to section 12, of the Act, a Child (as defined under section 2(12) of the Act), alleged to have committed a bailable or non-bailable offence and if he is detained by the police or if he is brought before a Board, such a person shall be released on bail. It is submitted that though the exceptions, as enumerated in the said section, are not attracted in the case on hand, the learned Sessions Judge, without due application of mind, has taken into consideration the same and rejected the bail application of the juvenile in conflict with law. It is submitted that though the exceptions, as enumerated in the said section, are not attracted in the case on hand, the learned Sessions Judge, without due application of mind, has taken into consideration the same and rejected the bail application of the juvenile in conflict with law. It is submitted that the Coordinate Bench has released even the accused named in the FIR, who are major, by way order dated 19.08.2020, passed in Criminal Misc. Application Nos. 9601 and 9602 of 2020. 4.1 In support of his case, the learned advocate for the applicant has relied upon the decision of the Coordinate Bench, rendered in Criminal Revision Application No. 611 of 2017 dated 14.07.2017 and also the decision rendered in Criminal Revision Application No. 534 of 2010 dated 30.12.2010. He has, therefore, prayed that discretion may kindly be exercised and bail be granted to the applicant – juvenile in conflict with law. 5. Per contra, learned APP has fairly submitted that appropriate order may be passed. Merits of the Case: 6. Having heard the learned advocates for both the sides, as per the report of the Investigating Officer, it transpires that the age of the accused is 17 Years 11 Months and 14 Days, at the time of occurrence. 6.1 In the present case, Section 12 of the Act comes into play, which reads thus: “Section 12 - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable 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 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.” 6.2 On a bare reading of Section 12 of the Act, it transpires that, in the present case, admittedly, the applicant was minor at the time of occurrence and therefore, the applicant is required to be released on bail or placed under the supervision of a Probation Officer or under the care of any fit person. A perusal of the order impugned in the present application, passed by the learned Sessions Judge, it appears that the learned Sessions Judge has, merely, on presumptions, has invoked the exceptions to section 12 of the Act and also observed that, prima facie, there appears active role played by the juvenile in conflict with law in the commission of offence and his release may be adverse to the society and thus, taken a very stern view. Be that as it may. It appears from the papers on record that the Coordinate Bench has released the major accused, who are named in the charge sheet, as aforesaid. Besides, a copy of report of Legal cum Probation Officer dated 23.09.2009 is also on record, a bare reading of the same reveals that the juvenile in conflict with law is mentally and physically fit, he does not have any addiction, he is studying, he has a good friend circle, no complain has been received from his school, he is having good relations with everybody, he is disciplined, the juvenile in conflict with law is stated to have been implicated as he was driving the vehicle when, his friend was also there. Further, it is opined that the juvenile is residing in a place of safety since last six months and is repenting. He has no antecedents. Further, it is requested that appropriate actions may be taken for his rehabilitation under section 12 of the Act. 6.3 Moreover, the decisions relied upon by the learned advocate for the applicant are squarely applicable to the facts of the present case. Hence, this Court is of the view that the juvenile in conflict with law be enlarged on bail. 7. The present application, therefore succeeds and is allowed accordingly. The order dated 06.08.2020 passed by the learned 3rd Additional Sessions Judge, Viramgam in Criminal Appeal No. 10/2020 confirming the order dated 14.07.2020, passed by the learned Principal Magistrate, Juvenile Justice Board in Juvenile Court Inquiry Case No. 139/2020 rejecting the bail application of the juvenile applicant, is hereby set aside. The juvenile in conflict with law - Jay Hirabhai Bharwad through Hirabhai Gandabhai Bharwad is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs. The juvenile in conflict with law - Jay Hirabhai Bharwad through Hirabhai Gandabhai Bharwad is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs. 5000/- with one surety of the like amount to the satisfaction of the Juvenile Court/Board, subject to the following conditions that he shall: (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) maintain law and order and not to indulge in any criminal activities. (c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the Juvenile Court/Board at the time of executing the bond and shall not change his residence without prior permission of the Juvenile Court/Board. (d) provide his contact numbers as well as the contact numbers of the sureties before the Juvenile Court/Board. In case of change in such numbers inform in writing immediately to the Juvenile Court/Board. (e) not leave India without prior permission of the Juvenile Court/Board. (f) surrender passport, if any, to the Juvenile Court/Board within a week. If he does not possess passport, he shall file an Affidavit to that effect. (g) shall maintain all the rules and regulations framed by the Municipality regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing. 7.1 Bail bond to be executed before the Juvenile Court/Board having jurisdiction to try the case. It would be open for the Juvenile Court/Board concerned to give time to furnish the solvency certificate if prayed for. 7.2 If breach of any of the above conditions is committed, the Juvenile Court/Board concerned will be free to issue warrant or take appropriate action according to law. The authorities will release the juvenile in conflict with law forthwith only if he is not required in connection with any other offence for the time being. 8. Rule is made absolute accordingly. Direct service is permitted through fax/e-mail/any other electronic mode. 8.1 On a request made by learned advocate Mr. The authorities will release the juvenile in conflict with law forthwith only if he is not required in connection with any other offence for the time being. 8. Rule is made absolute accordingly. Direct service is permitted through fax/e-mail/any other electronic mode. 8.1 On a request made by learned advocate Mr. Majmudar for the juvenile applicant, Registry is directed to communicate a copy of this order to the Zonal Observation Home-Cum-Place of Safety-Cum-Special Home for Boys, Opposite Jay Bharat Society, Makpara Road, Radhanpur Cross Road, Mehsana, Phone Nos. 9157375092 and 0276223242 as well as to the concerned Court/Police Authority, by fax/e-mail, forthwith.