The seriousness of the offense alone cannot be a ground to deny bail to a juvenile under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

JUDGMENT

Tejinder Singh Dhindsa, J. (Oral) - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

CRM-14701-2020

Application is allowed as prayed for.

2. The accompanying order dated 8.4.2020 passed by the Principal Magistrate, Juvenile Justice Board, Rohtak is taken on record as Annexure P-9.

Main Petition

3. The instant revision petition is directed against the order dated 13.5.2020 passed by the learned Addl. Sessions Judge, Rohtak (Annexure P-l) whereby the appeal filed by the petitioner against the order dated 8.4.2020 passed by the Principal Magistrate, Juvenile Justice Board, Rohtak declining the bail application of the petitioner, has been affirmed.

4. Undisputedly, the FIR No.0096 dated 12.3.2020 under sections 365, 376-D, 506 I.P.C and section 25 of the Arms Act, 1959 was registered at Police Station, Meham, district Rohtak in which the present petitioner stands cited as an accused.

5. The petitioner admittedly was a juvenile on the date of the alleged occurrence.

6. The bail application preferred by the petitioner has been declined by the Principal Magistrate, Juvenile Justice Board, Rohtak on the reasoning that if he is released on bail at this stage he may pressurize the prosecutrix as the both belong to the same village and further the petitioner is involved in another case for commission of offence under Section 307 I.P.C.

7. The appeal preferred by the petitioner has been dismissed by the Addl. Sessions Judge, Rohtak vide impugned order dated 13.5.2020 taking a view that his release is likely to bring him in association with other criminals with whom he was previously associated and will thereby expose him to moral, physical and psychological danger. That apart, the Appellate Court has been swayed by the seriousness of the offence.

8. Having heard counsel for the parties at length, I am of the considered view that the present revision petition deserves acceptance.

9. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herein after to be referred to as the Act) reads as under:-

"12. Bail of juvenile - (1) When any person accused of a bailable of non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [for placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear 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 the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order. "

10. A bare reading of the provision reproduced herein would make it apparent that an exception has been carved out for declining the bail to the juvenile who is in conflict with law i.e. he or she is likely to come in association with any known criminal or upon release on bail would expose such juvenile to moral, physical or psychological danger or that release of the juvenile would defeat the ends of justice. For invoking such exception, there has to be some material before the competent authority on the basis of whi