Phoolchand vs State Of Rajasthan And Ors

This criminal revision petition under section 397/401 Cr.P.C. read with section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2015

(for short 'the Act of 2015' hereinafter) is directed against the order dated 16.04.2019 passed by the learned Sessions Judge, Pratapgarh (for short 'the

appellate court' hereinafter), whereby the appeal filed by the juvenile through his guardian under section 52 of the Act of 2015 against the order dated

08.04.2019 passed by Principal Magistrate, Juvenile Justice Board, Pratapgarh (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.

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 the section, 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.

In view of the above discussion, the revision petition is allowed. The impugned orders dated 16.04.2019 and 08.04.2019 are set aside and it is directed

that petitioner â€" Phoolchand S/o Sh. Udailal Meena, resident of Khempuriya be released on bail provided his natural guardian-father Shri Udailal

Meena S/o Maniya Meena 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, Pratapgarh with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner before the

Juvenile Justice Board, Pratapgarh or any other Court till the enquiry or trial is concluded.