The court applied Section 12 of the Juvenile Justice Act to grant bail to the child in conflict with law, emphasizing the satisfaction of the Act's conditions.

JUDGMENT

Sandeep Mehta, J. - The instant revision has been preferred by the petitioner-'X' through his natural guardian S/o Uda Bairawa (identity of the petitioner being a child in conflict with law is not being disclosed in view of the Supreme Court judgment in the case of Shilpa Mittal Vs. State of NCT, Delhi & Ors., (2020) AIR SC 405, who has been confined in connection with FIR No.216/2019 registered at the Police Station Baneda, District Bhilwara for the offences under Sections 376 IPC and 5/6 of POCSO Act and is presently lodged at the Children Home, Bhilwara.

2. The application for bail filed on his behalf under Section 12 of the Juvenile Justice (Care & Protection Of Children) Act, 2015 was rejected by the Juvenile Justice Board, Bhilwara vide order dated 19.2.2021. The appeal preferred against the said order has been dismissed by the Children Court, Bhilwara i.e. Special Judge, POCSO Act Cases No.1, Bhilwara constituted under the Commissions for Protection of Child Rights Act, 2005 vide order dated 25.2.2021. These two orders are assailed in this revision.

3. I have heard and considered the submissions advanced by the petitioner's counsel and learned Public Prosecutor and have gone through the material available on record.

4. This Court is compelled to observe that the bail of the petitioner (Child in Conflict with Law) has been dealt with by the appellate court as well as by the Juvenile Justice Board in an absolutely lackadaisical manner. The victim Mst.O has been examined on oath during the inquiry. She categorically denied the prosecution theory before the Juvenile Justice Board regarding the petitioner having subjected her to sexual assault but inspite thereof, the bail application of the petitioner-CICL, who is a tender aged boy of less than 16 years, has been rejected by the impugned orders, which do not stand to scrutiny. The petitioner-CICL is in detention in this case for the last more than 1 years.

5. In this background, I am of the view that the conditions of Section 12 of the Juvenile Justice (Care & Protection Of Children) Act, 2015 are duly satisfied and hence, the petitioner-CICL deserves indulgence of bail during pendency of the inquiry.

6. Consequently, the instant revision is allowed. The impugned order dated 19.2.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Bhilwara so also order dated 25.2.2021 passed by the Child Court, Bhilwara i.e. Special Judge, POCSO Act Cases No.1, Bhilwara are set aside. It is ordered that the accused-petitioner X S/o Uda Bairawa arrested in connection with F.I.R. No216/2019 registered at the Police Station Baneda, District Bhilwara shall be released on bail; provided his natural guardian i.e. mother furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned Juvenile Justice Board with the stipulation that the petitioner-CICL shall appear before the Board on all dates of hearing during inquiry and as and when called upon to do so.