RAMNIWASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dt. 1/8/2018 passed by the Judge, Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), 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 dt. 26/7/2018 passed by Principal Magistrate, Juvenile Justice Board, Bikaner (for short 'the trial Court' hereinafter) on an application under Sec. 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed by the trial Court.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the challan papers. Sec. 12(1) of the Act of 2015 reads as under:

(3.) From perusal of Sec. 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 Sec. 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.