Juveniles are entitled to bail unless the prosecution demonstrates substantial grounds for denial, irrespective of the offence's nature.

ORDER

1. The instant criminal revision petition under Section 397 read with Section 401 of Criminal Procedure Code against the order dated 13.10.2022 passed by Mr. Sudheer Pareek, learned Juvenile Court (Sessions Judge), Bundi, Rajasthan (referred to as 'the appellate court' hereinafter) in Criminal Appeal No. 189/2022, whereby the Appellate Court has dismissed the appeal filed by the juvenile through his natural guardian- Mother Dhanni Bai Wife Of Sharwan Kahar against the order dated 12.09.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Bundi (referred to as 'the Trial Court' hereinafter) on an application filed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred as 'The Act of 2015'), rejecting the prayer for releasing the juvenile on bail in connection with FIR No. 159/2022 registered at Police Station Gendoli, Distt. Bundi.

2. The notice issued by this Court to the private respondent regarding hearing of the bail plea has been served as stated by learned counsel for the State. The intimation be taken on record. The report of the Probation Officer favors the interest of the juvenile.

3. Heard learned counsel for the parties and perused the record.

4. Learned counsel for the petitioner submits that the dispute arose on a very trivial issue and the delinquent is 15 years and 10 months of age. No overt act or specific role has been attributed to the delinquent. The juvenile is in judicial custody since a long time and the trial is likely to take long time to conclude.

5. From perusal of Section 12(1) of the Act of 2015, it is clear 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 appear reasonable grounds for believing that the release of the delinquent juvenile 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. 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 12(1) of the Act of 2015, which may persuade the Court not to release the juvenile on bail.

6. Keeping in view all the facts and circumstances of the case and position of law, the revision petition is allowed. The impugned order dated 13.10.2022 passed by Mr. Sudheer Pareek, learned Juvenile Court (Sessions Judge), Bundi, Rajasthan, in Criminal Appeal No. 189/2022 and the order dated 12.09.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Bundi, are set aside and it is directed that petitioner -Shaitan Singh @ Bheru Son Of Sharwan Kumar, be released on bail provided his natural guardian furnishes a personal bond in the sum of Rs.50,000/- with a surety bond in the like amount to the satisfaction of the concerned Juvenile Justice Board with an undertaking that she will produce her son in the said Juvenile Justice Board on each date and in case the Juvenile is released on bail and custody is given to him, she will not create any situation which will bring the delinquent juvenile into association with any known criminal or expose to him moral, physical and psychological danger or any situation when the delinquent juvenile may repeat the offence in question and she will work for improvement of the delinquent juvenile.

7. A copy of this order be sent to the concerned Juvenile Justice Board.