The mandatory nature of bail provisions for delinquent juveniles under Section 12 of the Act and the responsibility of the prosecution to provide evidence for opposing bail.

H.R. Panwar, J.-This criminal revision petition under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short, “the Act”) is directed against the order dated 16.07.2005 passed by the Sessions Judge (for short, “the Appellate Court” hereinafter) in Criminal Appeal No. 95/2005, whereby the Appellate Court dismissed the appeal filed on behalf of the petitioner and affirmed the order dated 03.06.2005 passed by the Principal Magistrate, Juvenile Justice Board, Udaipur (for short, “the Juvenile Justice Board” hereinafter) if FIR Case No. 212/2003 dismissing the application under Section 12 of the Act filed on behalf of the petitioner.

2. I have heard learned Counsel for the petitioner and the Public Prosecutor appearing for the State. Perused the orders passed by the Appellate Court as also the Juvenile Justice Board.

3. The facts of the case are that the sister of the petitioner, viz. Ms. Mewaj Bano was abducted by one Shafi Mohammed. Shafi Mohammed was arrested and Ms. Mewaj Bano was recovered and they were brought at the Police Station, Arnod, district Chittorgarh. The allegation against the present petitioner is that he opened fire on Shafi Mohammed at the Police Station, as a result of which Shafi Mohammed died. A case under Section 302, IPC was lodged against petitioner Imtiyaz Khan. The petitioner was arrested on 19.01.2003 and lodged to jail. Vide order dated 10.05.2005, the Additional Sessions Judge (Fast Track) No. 1, Pratapgarh, declared the petitioner as juvenile delinquent and as such the trial is being conducted by the Juvenile Justice Board. An application under Section 12 of the Act was filed on behalf of the petitioner for his release on bail, which stood dismissed by the Juvenile Justice Board vide order 03.06.2005 and the appeal against that order also stood dismissed by the Appellate Court vide impugned order dated 16.07.2005.

4. Sub-clause (k) of Section 2 of the Act, 2000 defines “juvenile” or “child”, which reads as

under:-“Section 2(k) “Juvenile” or “child” means a person who has not completed eighteenth year of age.” Section 12 of the Act reads as under:-“Section 12. Bail to 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.”

5. 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, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of 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. Section 12 of the Act is a special provision injucting the Courts from refusing bail to a delinquent