A juvenile is entitled to bail unless there is clear evidence of potential harm or risk associated with their release, regardless of the offence's severity.

ORDER

1. The juvenile 'N' son of Shri Mangu has been confined in connection with FIR No.114/2022 registered at Police Station Deogarh, District Pratapgarh and is facing charges under Section 376 of IPC and Sections 3/4, 5J(2)/6 of the POCSO Act. He is lodged at the Child Observation Home, Pratapgarh. The bail application preferred under Section 12 of the Juvenile Justice Act, 2015 by the juvenile through amicus curiae was dismissed by the learned Juvenile Justice Board, Pratapgarh vide order dated 29.09.2022. An appeal was preferred under Section 101 of the Juvenile Justice Act, 2015 against the said order before the learned Session Judge, Pratapgarh which also came to be dismissed vide order dated 01.10.2022 and the order passed by the learned Board was upheld. Aggrieved by the aforesaid two orders, the present revision petition has been filed under Section 102 of the Juvenile Justice Act read with Section 397/401 of the Cr.P.C.

2. Learned counsel for the juvenile-petitioner submits that the Juvenile Justice Board as well as the learned court below has grossly erred in rejecting the bail application of the juvenilepetitioner. They have failed to consider the correct factual and legal aspects of the case. The juvenile has been detained at the Child Observation Home, Pratapgarh since quite some time and looking at the pace at which the trial is proceeding, it will likely take long time to conclude. The Juvenile Justice Board has treated the accused as juvenile. He further submits that there is no possibility of the juvenile-petitioner absconding. There is nothing on record that may debar him from getting released on bail, therefore, it is humbly prayed that the impugned orders be set aside and the juvenile be released on bail.

3. Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the juvenile-petitioner and submits that since the matter pertains to commission of a grave offence, the petitioner is not deserving of being released on bail.

4. Heard.

5. It is alleged that the victim is mentally retarded, however, simply saying that a person, mentally retarded, is not sufficient enough to hold him a mentally retarded person. There needs to be some material to support the bald allegation. The manner in which the incident has been reported and the statement has been given by the victim to the police officer makes it abundantly clear that she was conscious of every fact. No record has been produced along with the charge sheet so as to assert this fact that the victim was a mentally retarded person. The petitioner too is a boy of 16 years. The matter came to be lodged after six months of the conception. It would surely be the subject of the trial to make an observation regarding the reliability of the witnesses.

6. From the perusal of Section 12(1) of the Act of 2015, it is established legal position 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 appears reasonable grounds for believing that the release of the delinquent juvenile is likely to bring him into association with any known criminals or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in the section, which may persuade the court not to release the juvenile on bail. But in this case, there is nothing on record to show that the release of the juvenile-petitioner 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.

7. Upon consideration of the overall facts and circumstances, and considering the fact of juvenescence of the p