Keshavdev vs State Of Rajasthan And Ors

Heard learned counsel for the juvenile-petitioner as also learned Public Prosecutor appearing for State.

This revision petition has been preferred against the order impugned dated 16.02.2018 passed by learned District and Sessions Judge, Bharatpur

whereby the appeal filed by the juvenile-petitioner under Sec.101 of Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred

to be as “Act of 2015â€​), has been rejected.

Learned counsel for the petitioner submits that the co-accused Lakhan Singh who is major in age, has been enlarged on bail by Co-ordinate Bench of

this Court. The allegation against the present petitioner is akin to that of Lakhan Singh. It is further stated that the accused-petitioner is detained in the

observation home since 01.11.2017, the family background report received from the concerned probation officer is favourable to him. The gravity of

the offences is not required to be taken into consideration as per the provisions of Section 12 of Juvenile Justice (Care and Protection of Children)

Act, 2015.

The counsel for the juvenile-petitioner has also drawn attention of this court towards the report submitted by Probation Officer/Superintendent,

Government Observations and Juvenile Home, Bharatpur wherein it has been stated that no other criminal case has been registered against the

juvenile-petitioner/s. Hence, it has been prayed that this revision petition may kindly be allowed.

Per contra learned Public Prosecutor has opposed the prayer stating that blood stained cloths were recovered at the instance of the present petitioner,

there is allegation of offence under Section 302 IPC r/w Section 34 IPC against the petitioner.

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 juvehile is likely to being 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 to moral physical or psychological danger or that his release

would defeat the ends of justice.

In view of whatever is stated above, the revision petition deserves to be allowed. It is directed that if the father/mother of the juvenile-petitioner

furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Juvenile Justice Board, Bharatpur

then the Juvenile-petitioner Keshavdev be released on bail.

The revision petition stands allowed.