Criminal Revision No. 2763 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 2763 of 2010 (O&M) Date of decision: 15.12.2010 Bimlesh ......Petitioner Versus state of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.G.N.Malik, Advocate, for the petitioner. Mr.S.S.Bhinder, Sr.Addl.A.G.Punjab with Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 401 of the Code of Criminal Procedure challenging orders passed by the Courts below, whereby bail application filed by the petitioner was dismissed. The allegations against the petitioner are that he had kidnapped the minor son of the complainant aged about nine years. Learned counsel for the petitioner has submitted that the petitioner is aged fifteen years and the son of the complainant was recovered on the same day. Now the petitioner is in custody for about one year and eleven months. No prosecution witness has been examined till date. Criminal Revision No. 2763 of 2010 (O&M) 2 Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') reads as under:- “Bail of Juvenile:- (1) When any person accused of a bailable or 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 foce, be released on bail with or without surety (or 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 Criminal Revision No. 2763 of 2010 (O&M) 3 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.” Thus, as per the above provision, a juvenile is to be released on bail unless there appear reasonable grounds for believing that his release would bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In the present case, there is nothing on record to suggest that the petitioner is a part of a gang and in case he is released on bail, he would be again brought in contact with other criminals. There is also nothing on record to suggest that in case the petitioner is released on bail then it would defeat the ends of justice. In these circumstances, the Courts below erred in declining bail to the petitioner. Accordingly, this petition is allowed. The impugned orders, whereby bail petition filed by the petitioner was dismissed, are set aside. The petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Ludhiana. (SABINA) JUDGE December 15, 2010 anita