Anil Kumar vs State Of Rajasthan And Ors

Petitioner through his natural guardian mother, has preferred this revision-petition aggrieved by orders dated 22.10.2019 passed by The Special Judge,

Protection of children from sexual offences Act, 2012 and Child Rights Protection Commission Act, 2005, Sikar and order dated 1.10.2019 passed by

the Juvenile Justice Board, Sikar vide which the application filed under Section 12 of the Juvenile Justice {Care and Protection of Children} Act, 2015,

was rejected.

It is contended by counsel for the petitioner that the juvenile has been falsely implicated in this case. Police after investigation has filed charge-sheet

against the accused-petitioner and trial commenced in which statement of PW-1 Shankar Lal has been recorded, who has not specifically alleged that

accused-petitioner fired at him. It was also submitted that the co-accused Ajay has been granted bail by this Court vide order dated 22.8.2019 the

case of the accused-petitioner is not distinguishable from that of the co-accused. Counsel for the petitioner submits that accused- petitioner is in

custody since 10.6.2019. The hearing of revision will take time. Probation Officer has found the conduct and behaviour of the accused-petitioner is

good and there is nothing to adverse him.

Considering the fact that Juvenile in conflict with law is to be enlarged on bail in normal circumstances and only in exceptional circumstances bail can

be rejected if the Court is of the opinion that grant of bail would bring the Juvenile in association with known criminal and it would have a negative

impact on him. Further there is no material available on record to come to the conclusion that release of juvenile would bring him in association with

criminals, this revision-petition deserves to be allowed. The impugned orders passed by the Juvenile Justice Board as well as the learned Appellate

Court are set-aside.

The present revision petition is accordingly allowed. It is directed that accused-petitioner Anil Kumar be released on bail, provided his natural guardian

mother, furnishes a personal bond in the sum of Rs. 25,000/- alongwith two sureties in the like (3 of 3) [CRLR-2510/2019] amount to the satisfaction

of the concerned Juvenile Justice Board with the stipulation that she shall produce the accused-petitioner before the concerned Juvenile Justice Board

on all dates, till the enquiry or trial is completed. His natural guardian mother shall ensure that the juvenile in conflict with law maintains good conduct

and behaviour.