The main legal point established in the judgment is the entitlement of a juvenile to be enlarged on bail during the pendency of the inquiry before the Juvenile Justice Board, based on the fulfillment of the conditions of the Juvenile Justice Act and the legal obligation of the guardian.

JUDGMENT

Sandeep Mehta, J. - The petitioner child 'X' son of Kava in conflict with law (identity of the child has been protected in view of the direction given by Hon'ble the Supreme Court in the case of Shilpa Mittal vs. State of NCT of Delhi & Ors., (2020) AIR SC 405 has been confined in connection with FIR No.83/2021 registered at Police Station Ramsagda, District Dungarpur for the offences under Sections 435, 436, 427, 457, 380 and 120B IPC and Section 3, 4 of the PDPP Act and is lodged at the Observation Home, Juvenile Justice Board, Dungarpur. The bail application preferred on his behalf by his natural guardian father Kava under Section 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Dungarpur by order dated 01.06.2021. The appeal preferred against the said order under Section 101 of the Juvenile Justice Act also stands rejected by the learned Special Judge of Children Court (Sessions Judge and Children Human Protection Act), Dungarpur by order dated 16.06.2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 397 of the Cr.P.C. read with Section 401 CrPC and Section 102 of the Juvenile Justice Act.

2. I have heard and considered the submissions advanced by learned counsel representing the petitioner and the learned Public Prosecutor and have gone through the impugned orders.

3. The petitioner is a young tender aged boy of 17 years and 6 months as per the order rejecting bail. He is confined in the observation home in connection with the above mentioned offences and the inquiry pending before the Juvenile Justice Board shall consume time. The co-juvenile Vishal and Viklesh (Revision No.505/2021) have been granted bail by this Court vide order dated 24.06.2021.

4. The conditions of Section 12 of the Juvenile Justice Act are duly satisfied in the present case. Otherwise also, it is the legal obligation of the guardian to ensure that the child does not come in contact with known/unknown criminals during the pendency the inquiry.

5. In this background, I am of the opinion that the petitioner is entitled to be enlarged on bail during the pendency of the inquiry before the Juvenile Justice Board.

6. Consequently, the instant revision is allowed. The impugned order dated 16.06.2021 passed by the learned Special Judge of Children Court (Sessions Judge and Children Human Protection Act), Dungarpur and the order dated 01.06.2021 passed by learned Principal Magistrate, Juvenile Justice Board, Dungarpur are set aside. It is ordered that the accused-petitioner 'X' S/o Kava arrested in connection with FIR No.83/2021 registered at Police Station Ramsagda, District Dungarpur shall be released on bail; provided his natural guardian (Father) Kava furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned court below with the stipulation to appear before the Board on all dates of hearing and as and when called upon to do so.