Gagan @ Gagan Singhal @APPELLANT@Hash State Of Rajasthan

Heard learned counsel for the accused-petitioner as also learned Public Prosecutor.

This revision petition has been preferred against the order dated 27.02.2018 passed by learned Sessions Judge, Alwar whereby the appeal filed by the

accused-petitioner Gagan Singhal under Section 101 of Juvenile Justice Act has been rejected.

Counsel for the petitioner contends that his appeal has been rejected only on the ground that the possibility of the accused-petitioner Gagan Singhal of

coming into association with known criminals or to expose him to moral, physical or psychological danger cannot be ruled out on his coming into

contact with co-accused.

Counsel submits that this apprehension expressed by the learned Sessions Judge is without any substance. He has further contended that gravity of

nature of the offence is not the relevant factor while deciding the appeal filed under the provision of Juvenile Justice Act.

Learned counsel for the petitioner has referred to the report submitted by Probation Officer, Alwar wherein it has been stated that the conduct of

juvenile Gagan Singhal is satisfactory. He is staying with his family. His family is well settled and residing at Malviya Nagar, Alwar. No criminal

antecedent is available as per the enquiry made from Police Station, MIA, Alwar.

Learned Public Prosecutor has vehemently opposed the prayer.

From perusal of Section 12(1) of the Act of 2000, 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 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 release the juvenile on bail. But in this case, there is nothing on record to show that the release of the petitioner is likely to

bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of

justice.

In view of the report dated 26.09.2017 filed by the Probation Officer, Alwar nothing has come on record which can suggest that the juvenile will again

come into contact with known criminal or will be exposed to moral, physical or psychological danger. The Juvenile is stated to be detained in the

observation home since 23.09.2017.

In view of whatever is stated above, the revision petition deserves to be allowed. It is directed that if the father of the accused-petitioner furnishes a

personal bond in the sum of Rs.30,000/- with two sureties in the like amount to the satisfaction of the Juvenile Court, Alwar then the accused-

petitioner Gagan alias Gagan Singhal be released on bail.

The revision petition stands allowed.