The main legal point established in the judgment is that the Juvenile Justice Act intends to grant bail to juveniles, and bail can only be denied in exceptional circumstances as specified in the Act.

JUDGMENT

1. Heard learned counsel for the petitioner (juvenile- through his natural guardian father Father Krishan Lal Jat S/o Shri Devi Lal Jat) as well as learned Public Prosecutor.

2. The allegation against the petitioner is of offences under Sections 302, 341, 323, 109, 147, 148 and 149 IPC and Section 27 of Arms Act and Section 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989. The bail application filed by the petitioner under Section 12 of the Act of 2015 before learned Principal Magistrate, Juvenile Justice Board, Sriganganagar was rejected vide order dated 18.12.2020. Being aggrieved by the said order, an appeal was filed by the petitioner before the Session Court, Sriganganagar and the same has been dismissed vide impugned order dated 7.1.2021.

3. Being aggrieved of the orders dated 18.12.2020 and 7.1.2021 passed by the learned courts below, the petitioner has preferred this revision petition before this Court.

4. Learned counsel for the petitioner submits that the Challan of the case has already been presented in this case. Petitioner is below 18 years of age and there is no evidence to show that if the juvenile-petitioner is released on bail, then his release is likely to bring them 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. It is argued that learned Courts below have not appreciated the fact that the petitioner is juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below totally ignored the provisions of the Act of 2015. The petitioner is in custody since long and no further detention of the petitioner is required for any purpose. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile.

5. On the other hand, learned Public Prosecutor defended the impugned order passed by the learned Juvenile Justice Board in declining the bail to the petitioner as also the judgment passed by the Appellate Court upholding the order passed by the learned Juvenile Justice Board.

6. Learned counsel for the complainant also opposed the petition.

7. I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2015.

8. The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears 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 ends of justice.

9. In this context, I have also scanned through and perused the orders passed by the courts below as well as the report of the probation officer.

10. Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out.

11. In view of the aforesaid discussion, this revision petition is allowed and the order dated 18.12.2020 passed by the learned Principal Magistrate, Juvenile Justice Board, Sriganganagar as well as order dated 7.1.2021 passed by Session Court, Sriganganagar, rejecting the appeal, are hereby set aside.

12. It is ordered that the juvenile accused-petitioner Narendra Kumar Godara (juvenile) - through his natural guardian father(Shri Krishan Lal Jat S/o Shri Devi Lal Jat), shall be released on bail in relation to FIR No.220/2020 Police Station Hindumalkot, District Sriganganagar, upon furnishing a personal bond by his natural guardian