SBCr.RP NO.271/2008. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO.271/2008. Bunti @ Chetan Prakash Vs. State of Rajasthan Date of order : 19/3/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.S. Chauhan for the accused-petitioner. Shri Basant Chhaba, Public Prosecutor for State. **** BY THE COURT:- I have heard learned counsel for the petitioner and the learned Public Prosecutor for the State. 2) Learned conunsel for the petitioner has argued that accused petitioner who is juvenile aged 17 years of age has been falsely enrobbed in a concocted case. No case for offence under Sections 363, 366 and 376 IPC is made out against the petitioner. Prosecutrix even as per the order passed by the Juvenile Justice Board and the learned Sessions Court is between 20-21 years as against the age of the petitioner which is only 17 years. It is argued that the learned Sessions Judge refused to enlarge the petitioner on bail observing that petitioner forcibly took the prosecutrix on his motorcycle to some agriculture SBCr.RP NO.271/2008. 2 field and then by threatening her on the point of knife, committed rape upon her. It is argued that apart from the fact, as is evident from the impugned-order, that prosecutrix had accompanied the petitioner with her own consent, the petitioner is also entitled to the benefit of provisions of Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000. 3) Learned Public Prosecutor has opposed the revision petition. 4) It is not in dispute that the petitioner was less than 18 years of age on the date of occurrence and still the learned courts below have rejected his bail application only on the ground of the gravity of the offences. But Section 12 of the Act of 2000 as interpreted provides that any juvenile shall be released on bail irrespective of the nature of the offences alleged against him. However, he can be declined bail only if his 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. Strangely enough, learned courts below in their orders have not made any observation with regard to these conditions on the basis of which bail could be denied to the juvenile. There is also no material on record in support of any of these conditions on the basis of which bail could be SBCr.RP NO.271/2008. 3 denied to the juvenile. Thus, the orders of the learned courts below are clearly un-sustainable in view of the provisions of Section 12 of the Act of 2000 and the law laid down in this behalf. Consequently, this revision petition is allowed and the impugned-orders dated 21/2/2008 and 28/2/2008 are quashed and set-aside and it is directed that petitioner Bunti @ Chetan Prakash S/o Motilal shall be released on bail on his guardian furnishing a personal bond in the sum of Rs.30,000/- together with two sureties of Rs.15,000/- each to the satisfaction of the Principal Magistrate & Juvenile Justice Board, Baran for his appearance before the said Board on each and every date of hearing or as and when required. (MOHAMMAD RAFIQ), J. anil/-