The main legal point established in the judgment is that the denial of bail to a juvenile must be supported by material evidence showing that the release on bail would bring the juvenile into association with known criminals, expose them to danger, or defeat the ends of justice, as per Section 12 of the Juvenile Justice Act.

JUDGMENT

Tejinder Singh Dhindsa, J. - Matter has been taken up through Video Conferencing via Webex facility in the light of the COVID-19 situation and as per instructions.

2. The instant revision petition is directed against the order dated 18.05.2020 passed by the learned Additional Sessions Judge, Bathinda whereby the appeal filed by the petitioner against the order dated 17.03.2020 passed by Principal Magistrate, Juvenile Justice Board, Bathinda declining the bail application of the petitioner has been affirmed.

3. Counsel for the parties have been heard at length.

4. Undisputedly, FIR No.26 dated 31.01.2020 under Sections 376, 34 IPC, Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered at Police Station Sangat, District Bathinda and in which the present petitioner has been cited as an accused. Case was lodged on the statement of Jasbeer Kour.

5. It was alleged that on 26.01.2020 at about 8.00 p.m. when the father of the complainant asked her about her mobile phone and thereafter her sister handed over the phone, the father slapped both of them. After that the prosecutrix proceeded to the neighbour's house. Thereafter the prosecutrix was taken away in a car and in a house at village Teona and the accused forcibly committed sexual intercourse.

6. Petitioner admittedly is a juvenile. Bail application preferred by the petitioner has been declined by the Principal Magistrate, Juvenile Justice Board, Bathinda vide order dated 17.03.2020 in terms of taking a view that the allegations against the juvenile are serious and if he is granted the concession of bail, there will be a threat to his life from the complainant side and he would be exposed to moral and psychological danger. Such reasoning would be apparent from the order dated 17.03.2020 itself which has been appended along with the instant revision petition.

7. The appeal preferred by the petitioner has been dismissed by the learned Additional Sessions Judge, Bathinda vide impugned order dated 18.05.2020. The operative portion of the order reads in the following terms :-

"As the accused-applicant is more than 17 years of age, it is clear that he is capable of comprehending what is right and wrong and as such, his release on bail would defeat the ends of justice. Keeping in view these facts the accused-applicant is not entitled to the concession of bail. There is no illegality or irregularity in the impugned order passed by learned trial Court. Rather the impugned order has been passed on the basis of well established principles of law.

In view of the aforesaid discussion and without elaborating further I am constrained to say that appellant-accused has failed to prove his case and this criminal appeal filed by him under section 52A of Juvenile Justice (Care and Protection of Children) Act 2000 is hereby dismissed being devoid of any merits. Record of lower Court be returned back. Appeal file be consigned to the record room."

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 (hereinafter 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 h