UDMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IT is stated that petitioner is juvenile, however, he has been denied bail in ignorance of Section 12 of Juvenile Justice (Protection of Children) Act, 2000 (in short "the Act of 2000"). The case is not so as to make out a case under any of exceptions of Section 12 of the Act of 2000. The petitioner is not a habitual offender, who would likely to commit offence in future or after remaining in association with the criminals. In view of above, the petitioner may be granted bail. Learned Public Prosecutor, on the other hand, opposed the petition.

(2.) I have considered the submissions made by learned counsel for the petitioner and find that while dismissing the application, the Court below did not make out the case where bail can be denied under Section 12 of the Act of 2000. It provides for bail to juvenile except in few exceptions and those cannot be applied based on presumption. In view of aforesaid, revision petition is allowed. The impugned orders passed by Courts below are set aside and it is directed that petitioner namely; Udmi alias Amiram alias Sonu S/o. Shri Gullaram be released on bail provided his guardian furnishes a personal bond in a sum of Rs. 25,000/ - with two sureties in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Alwar with the stipulation that he shall produce the juvenile before the Juvenile Justice Board, Alwar on all dates of hearing and as and when she is called upon to do so during the pendency of inquiry.