“( HIGH COURT OF THE CHHATTISGARH AT BILASPUR Hemant Kumar Bhardwaj S/o‘ Hemlal Bhardwaj, aged about 17 years, minor Through Guardian- Father Hemlal Bhardwaj S/o Muniram Bhardwaj, aged about 40 years, R/o Beladula, Police Station Jaijaipur, District Janjgir— Champa (C.G.) Versus State of Chhattisgarh, Through Station House Officer, Police Station-Takhatpur, District Biiaspur (C.G.) (Criminal Revision under Section 53 of Juvenile Justice (Care and Protection of Children) Act) Appearance: APPLICANT NON-APPLICANT (1) (2) Mr. Dharmesh Shrivastava, Advocate for the applicant. Mr. Arvind Dubey, Panel Lawyer for the State. ORAL ORDER (13.10.2011) SUNIL KUMAR SINHA, J. This revisions is directed against the order dated 24.9.2011 passed in Criminal Appeal No. 253/2011 by the Fifth Additional Sessions Judge, Bilaspur. By the impugned order, the appeal filed by the applicant against the order dated 14.9.2011 passed by the Juvenile Justice Board, Bilaspur, rejecting the bail application filed by the applicant under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been dismissed. (3) The applicant is a juvenile. He is aged about 17 years. He was taken into custody for the alleged commission of offences punishable u/ss 420/34, 467, 468, 471 & 120—B and Section 4 (a) and Section 1O of Chhattisgarh Public Examination (Prevention of Unfairs Means) Act, 2008. When he was produced before the concerned Board, his application filed‘for releasing him on bail was The facts, briefly stated, are as under:- Criminal Revision No. 573 of 2011 x 2 Cr.Rev. No. 573 of 2011 dismissed on 14.9.2011 and thereafter the appeal filed against the said order was also dismissed on 24.9.2011 by the concerned Session Court. (4) Mr. Dharmesh Shrivastava, learned counsel for the applicant, submitted that since the applicant is a juvenile, therefore, in view of the proVisions of Section 12 (i) ofthe Juvenile Justice (Care and Protection of Children) Act 2000 (hereinafter referred to the Act 2000), he was entitled to be released on bail but the Session Judge as well as the Juvenile Justice Board fell into error by rejecting his bail applications by the impugned orders. (5) Mr. Arvind Dubey, learned Panel Lawyer for the State, opposed these arguments and supported the order passed by the Session Court. (6) The applicant is being prosecuted as a juvenile. He was aged about 17 years on the date of incident. This has not been disputed by the prosecution. Though, the learned Session Judge has held that it would not be in the interest of the applicant/juvenile to give him to the custody of his parents, but the grounds contained in Section 12 (1) of the Act 2000 have not been considered by the Session Judge. Section 12 (i) provides that when a juvenile is arrested or detained or appears or is brought before a Board, he/she shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety, but it has been provided that the juvenile shall‘not be released if there appears reasonable grounds for believing that the release is likely to bring him/her into association with any known criminal or expose him/her to moral, physical or psychological danger or that his/her release would defeat the ends of justice. (7) Without properly appreciating the above aspects provided in Section 12 (i) of the Act, 2000, it appears that the Session Judge has passed an order of rejection of the appeal filed by the juvenile praying for his release on bail. (8) Further, in identical cases of Adarsh Tiwari and Ananya Bajpayee, they have been released on bail by this Court in two different Criminal Revisions. (9) For the foregoing reasons, the revision is allowed. lt is directed that the applicant/juvenile, who is- arrested in connection with the above offences vide Crime No. 177/2011 of Police Station— Takhatpur', District Bilaspur, shall be 3 Cr.Rev. No. 573 of 2011 released on bail on furnishing a personal bond of Rs.10,000l— with one surety in the like sum to the satisfaction of the Juvenile Justice Board, Bilaspur for his appearance before the said Board on each date of hearing till the disposal of the trial. (10) The bail bonds shall be furnished by the father/guardian of the juvenile as the case may be. Sdl- Sunil Kumar Sinha i' Judge (1 1) Certified copy as per rules;