Section 12 of the Juvenile Justice Act mandates the release of a delinquent juvenile on bail unless there are reasonable grounds to believe that the release would bring the juvenile into association with known criminals or expose them to danger.

H.R. Panwar, J.-This Criminal Revision Petition under Section 53 of the Juvenile Justice (Care and Protection of Children ) Act, 2000 (for short the Act hereinafter) has been filed by the petitioner, who is juvenile through his father, challenging the order dated 010.2004 passed by Sessions Judge, Jodhpur (for short the Appellate Court hereinafter) in an appeal filed by him under Section 52 of the Act against the order dated 28.09.2004 passed by Juvenile Justice Board, Jodhpur on an application filed by the petitioner under Section 12 of the Act seeking bail.

2. Briefly stated the facts of the case, to the extent they are relevant and necessary for the decision of the revision petition, are that a crime report No. 269 dated 03.09.2004 was registered with P.S. Kotwali, Jalore for the offence under Section 302, IPC against the petitioner and the co-accused Manglaram. The petitioner, who is delinquent juvenile under the Act, was arrested on 08.09.2004. In the aforesaid case, after investigation, police filed charge-sheet against the delinquent juvenile before the Juvenile Justice Board, Jodhpur. Thereafter, the petitioner, through his father and natural guardian, moved an application under Section 12 of the Act seeking bail. By order impugned dated 28.09.2004, the juvenile Justice Board declined to release him on bail on the ground that from the statement of witnesses Mahendra, Jagaram and Jorpuri recorded under Section 161, CrPC prima facie delinquent juvenile Jeeturam and other co-accused caused injuries to one Jabraram by lathis and leaving him on the death bed fled away. However, subsequently, Jabraram succumbed to the injuries. At the instance and on the information of the delinquent juvenile the lathi was recovered as also there is possibility of delinquent juvenile likely to come into association with known criminal or expose him to bad company, moral, physical or psychological danger in case he is released on bail. The petitioner challenged the order dated 28.09.2004 by way of an appeal under Section 53 of the Act before the learned Appellate Court. The learned Appellate Court dismissed the appeal filed by the petitioner on the ground that there is allegation that the petitioner delinquent juvenile alongwith co-accused Manglaram has committed offence and in the circumstances on his release the possibility of his coming into association with any known criminal cannot be ruled out.

3. I have heard learned Counsel for the parties. Perused the orders impugned as also the challan

papers. Section 12 of the Act reads as under:-"Section 12. Bail of juvenile.-(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 but he shall not be so released if there appear reasonable grounds for believing that the release 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.

(2) When such person having been arrested is not released on bail under Sub-section (1) by the officer-in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under Sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."

4. From the perusal of Section 12 of the Act 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,