Vivek Kumar vs State of Rajasthan through P.P. 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 27.02.2020 passed by the Sessions Judge, Special Court, Protection of Children from Sexual Offences

Act, Bikaner (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 26.02.2020 passed by Principal Magistrate, Juvenile Justice Board, Bikaner (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.

Heard Mr. Kaushal Gautam learned counsel for the petitioner on whats app call and the learned Public Prosecutor and perused the material available

on record.

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 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.

In view of the above discussion, the revision petition is allowed. The impugned orders dated 27.02.2020 and 26.02.2020 are set aside and it is directed

that petitioner â€" Vivek Kumar S/o Surendra Kumar Puniya be released on bail provided his natural guardian-father Surendra Kumar Puniya S/o

Ram Ji Lal furnishes a personal bond in the sum of Rs.50,000/- with a surety bond in the like amount.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of surety will be difficult

on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail provided

his natural guardian-father Surendra Kumar Puniya S/o Ram Ji Lal furnishes a personal bond and he may furnish requisite surety by 15th May, 2020

to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Bikaner with the stipulation that on all subsequent dates of hearing, he shall

produce the petitioner before the Juvenile Justice Board, Bikaner or any other Court till the enquiry or trial is concluded and as and when called upon

to do so.

In case, the natural guardianâ€"father Surendra Kumar Puniya S/o Ram Ji Lal of the petitioner fails to furnish surety bonds by the stipulated time, the

instant order will come to an end automatically.