A juvenile is entitled to bail under the Juvenile Justice Act unless compelling evidence suggests otherwise, focusing on the juvenile's welfare.

ORDER

1. The juvenile X son of Noor Mohammad has been confined in connection with FIR No.45/2022 registered at Police Station Badi Khatu, District Nagaur and is facing charges under Section 354-D, 450, 376 IPC and Section 3/4, 11/12 of the POCSO Act. He is lodged at the Child Observation Home, Nagaur. 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, Nagaur vide order dated 28.03.2023. An appeal was preferred under Section 101 of the Juvenile Justice Act, 2015 against the said order before the learned Special Judge, POCSO Act Cases, Nagaur which also came to be dismissed vide order dated 06.04.2023 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, Nagaur 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. From the call data record, it is reflecting that the delinquent and the victim had been connected for a long period and most of the calls were made at the instance of the victim to the delinquent.

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 petitioner, this Court is of the opinion that the petitioner deserves to be released on bail. His entitlement to bail is further supported as the conditions of Section 12 of the Juvenile Justice Act are duly satisfied.

8. The observations made herein above shall not influence the trial judge in any manner whatsoever so as to adversely affect the rights of either of the parties.

9. Consequently, the instant revision is allowed. The impugned order dated 28.03.2023 passed by the learned Juvenile Justice Board, Nagaur and the impugned order dated 06.04.2023 passed by