AJAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 Cr.P.C. read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000' hereinafter) is directed against the order dt. 29.03.2014 passed by the learned Sessions Judge, Jodhpur Metropolitan (for short 'the appellate Court' hereinafter), whereby the appeal filed by the juvenile through his guardian under Sec. 52 of the Act of 2000 against the order dt. 27.03.2014 passed by the Juvenile Justice Board, Jodhpur (for short 'the trial Court' hereinafter) on an application under Sec. 12 of the Act of 2000, whereby the prayer for releasing the juvenile on bail was dismissed. Heard the learned counsel for the petitioner and the Public Prosecutor and perused the report of the Probation Officer dt. 21.04.2014, submitted before this Court on 23.04.2014.

(2.) Section 12(1) of the Act of 2000 reads as under:

(3.) From perusal of Section 12(1) of the Act of 2000, 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 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.