Important Point - Juvenile Justice Board and the Appellate Court are required to look more into the aspects which may be relevant with reference to three grounds namely likelihood of association with non-criminals, likelihood of moral, physical or psychological danger and likelihood to defeat the ends of justice rather than searching into merits of the case or nature and gravity of allegations.

1. This Revision Petition is preferred by the petitioners/juvenile against the impugned order dated 07.12.2016 passed by Learned Sessions Judge, Dholpur in Criminal Appeal No. 84/2016 by which Learned Sessions Judge dismissed the appeal of present petitioners and affirmed the impugned order of bail rejection on application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 dated 21.11.2016 passed by Learned Principal Magistrate, Juvenile Justice Board, Dholpur in FIR No. 206/2016 registered at Police Station Sepau, District Dholpur for offences under Sections 147, 148, 149, 323, 341, 504, 506, 302 IPC.

2. Learned Counsel for petitioners submits that petitioners are minor girls and they have been implicated falsely in this case. Learned Principal Magistrate, Juvenile Justice Board, Dholpur dismissed the application seeking bail under Section 12 of Juvenile Justice Act on the ground that there is reasonable apprehension that the release is likely to bring them into association with any known criminal or expose them to moral, physical or psychological danger. He submits that there is no material for such apprehension and without any material rejection of bail is not sustainable. He submits that Section 12 of the Act of 2015 is mandatory, petitioners are in custody since 08.12.2016, investigation has been completed, charge sheet has already been filed and co-accused Murari, Smt. Sharda and Smt. Muni have already been released on bail by the Coordinate Bench of this Court, therefore this Revision Petition may be allowed and impugned orders may be quashed and set aside and application seeking bail under Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 may be allowed.

3. Learned PP Mr. Rishi Raj Singh Rathore and Learned Counsel for complainant Mr. Asgar Khan opposed the Revision Petition and supported the impugned orders and submitted that this Revision Petition may be dismissed.

4. I have considered the submissions made at bar.

5. Grant of bail to juvenile in conflict with law is engrafted under Section 12 of The Act of 2015. In the present case, the petitioners have been subjected to proceedings and application for grant of bail has been moved under Section 12 of the Act of 2015.

6. Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under :-

“12. Bail to a person who is apparently a child alleged to be in conflict with law. - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or 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 or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

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

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

(4) When a child in conflict with law is unabl