Dinesh vs State And Ors

This criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015'

hereinafter) is directed against the order dated 10.02.2020 passed by the learned Special Judge, POCSO Act Cases, Bhilwara (for short 'the appellate

court' hereinafter), whereby the appellate court has dismissed the appeal filed by the juvenile through his natural guardian against the order dated

06.02.2020 passed by Principal Magistrate, Juvenile Justice Board, Bhilwara (for short' the trial court' hereinafter) on an application under section 12

of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed by the trial court.

Section 12(1) of the Act of 2015 reads as under:

“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 (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 decisionâ€​

From perusal of section 12(1) of the Act of 2015, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of

offence alleged to have been committed by him unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for

believing that the release of the delinquent juvenile 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. The nature of offence and the merits of the case do not have any relevance.

It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in section 12(1) of the Act

of 2015, which may persuade the Court not to release the juvenile on bail. But in this case, there is nothing on record to show that the release of the

petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would

defeat the ends of justice.

It has been informed by the learned counsel for the petitioner that main accused- Om Prakash @ Bagdi Ram S/o Ram Lal has been released on bail

by this Court vide order dated 24.01.2020.

In view of the above discussion, the revision petition is allowed. The impugned orders dated 10.02.2020 and 06.02.2020 are set aside and it is directed

that petitioner â€" Dinesh S/o Ram Lal Nayak shall be released on bail provided his natural guardian-father Shri Ram Lal Nayak S/o Shri Kastur

Nayak, furnishes a personal bond in the sum of Rs.25,000/- with a surety bond in the like amount to the satisfaction of the Principal Magistrate,

Juvenile Justice Board, Bhilwara with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner before the Juvenile Justice

Board, Bhilwara or any other Court till the enquiry or trial is concluded.