1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Revision Petition No. 625/2010 Batti Lal Vs State of Rajasthan 26.7.2010 HON'BLE MR JUSTICE MN BHANDARI Mrs Kamla Jain - for the petitioner Mr Laxman Meena – PP for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Petitioner made an application seeking bail being a juvenile under the provisions of Rajasthan Juvenile Justice (Care & Protection of Children) Act, 2000 (for short 'the Act of 2000'). The application was dismissed. Petitioner thereafter preferred an appeal under section 52 of the Act of 2000 but the same was also dismissed by the appellate court thus this revision petition has been filed. Learned counsel for the petitioner submits that there was no material to come to the conclusion that petitioner is not entitled for the benefit of section 12 of the Act of 2000. The object 2 and purpose of the Act of 2000 is different than what has been interpreted by the courts below. In view of the aforesaid, petitioner is entitled for grant of benefit of section 12 of the Act of 2000 more so when there is difference in the statements of the prosecutrix recorded under section 161 and 164 CrPC. Learned PP has opposed the revision petition and submits that looking to the conduct of the petitioner he may not be released on bail by accepting this petition. After going through record, I do not find that a case is made out to deny benefit of bail to the petitioner as otherwise to be given to him under section 12 of the Act of 2000. Under section 12 of the Act of 2000 a juvenile may 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. Learned courts below have made observation with regard to above conditions but without any material on the basis of which bail could be denied to the juvenile thus orders of the learned courts below cannot be sustained in view of provisions of 3 section 12 of the Act of 2000. In the present case petitioner has been denied benefit of bail in view of gravity of the offence allegedly committed by him, though such considerations are not provided under section 12 of the Act of 2000. Any comment by this court on merits of the case may affect outcome of the trial. In view of aforesaid, while accepting the revision petition, I set aside the impugned orders dated 29.5.2010 and 13.5.2010 passed by the courts below and direct that petitioner Batti Lal son of Bhajan Lal Meena be released on bail on his guardian furnishing a personal bond in the sum of Rs.25,000/- together with one surety in the like amount to the satisfaction of the trial court for his appearance before trial court on each and every date of hearing or as and when called upon to do so. (MN Bhandari), J. bnsharma