Naresh Kachi vs State

Ajay Rastogi, J.—Instant revision petition u/s 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000("Act, 2000") has been filed by petitioner(accused) assailing order dt. 08/02/08 in Cr Appeal No. 7/08 whereby Sessions Judge, Bharatpur upheld the order dt. 13/12/07 of Principal Magistrate, Juvenile Justice Board (CJM), Bharatpur declining bail u/s 12 of the Act to the petitioner in FIR- 688/07.

Circumstances leading to instant petition are that FIR-688/07 was registered on a report lodged by Mahavir Singh at police station Bayana (Bharatpur) against petitioner for offences u/s 302, IPC, wherein he was arrested on 14/11/07 despite being a juvenile delinquent under the Act and since then is in custody. After investigation, charge sheet has been filed for offence u/s 302, IPC, against him.

Petitioner moved an application u/s 12 of the Act before Juvenile Justice Board but it was rejected vide order dt. 13/12/07 after taking note of seriousness of the offence allegedly committed by him - against which, he preferred an appeal u/s 52 of the Act, but was dismissed by Court of Sessions vide order dt.08/02/08. Hence instant revision petition.

This Court has considered contentions of Counsel for the parties and with their assistance, examined material on record. This Court has in details dealt with the Scheme of the Act, 2000, in the judgment delivered today in Criminal Revision Petition No. 1338/2007 Bharat @ Bharat Ram v. State - in view whereof, delinquent juvenile has to be released on bail irrespective of offence alleged to have been committed unless it is shown that 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.

It is not in dispute that on the date of alleged incident, petitioner was a juvenile in terms of Section 2(k) of the Act, 2000. Taking note of the Scheme of Act, 2000 and Section 12 in particular, this Court is of the opinion that the bail to delinquent juvenile/child as contemplated in Section 12 is a rule and mandate of the Act irrespective of the nature and seriousness of the offence allegedly committed by him. The Act of 2000 is a beneficial and social oriented legislation, therefore, should be given full effect by all concerned whenever matter relating to a juvenile/child delinquent comes for consideration.

In instant case, it appears from record that neither juvenile Justice Board nor Court of Sessions have at all looked into provisions of Section 12 of the Act, 2000 before declining bail to the petitioner and the grounds on which bail could be refused to juvenile provided u/s 12 of the Act have not been considered either by juvenile justice Board or Court of Sessions.

In fact, main emphasis for rejection of bail to the petitioner (juvenile delinquent) was on the nature & seriousness of the offence alleged against him, which in the opinion of this Court is hardly having any relevance for refusal of bail to delinquent juvenile u/s 12 of the Act, 2000. However, it is true that exception provided u/s 12 of the Act has been observed in the orders impugned but there is no supporting material or any report to that effect either by probationary officer or from any other agency.

In the result, revision petition is hereby allowed. Orders dt. 08/02/08 of Sessions Judge, Bharatpur in Appeal No. 7/08 and dt. 13/12/07 of Principal Magistrate, Juvenile Justice Board cum CJM Bharatpur declining bail to petitioner (Naresh) are set aside and it is directed that he be released on bail provided his natural guardian furnishes a personal bond in a sum of Rs. 20,000/- (Twenty thousand) with one surety in like amount to the satisfaction of the Juvenile Justice Board (CJM) concerned with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner so as to appear before the Board (CJM) or any other Court pendente inquiry in the case arising out of FIR-688/07 PS Bayana (Bharatpur) till conclusion of the trial; and the guardian shall properly look after the delinquent child and keep him away from the company of known criminals.

A copy of this order be sent to the Juvenile Board & appellate court.