S. B. CRIMINAL REVISION PETITION NO.212/2010 RAMESH V. THE STATE OF RAJASTHAN. DATE OF ORDER ::: 22/07/2010 HON'BLE MR. C.M.TOTLA, J. Mr. Sanjay Mathur, for Petitioner. Mr. K.K.Rawal, PP, for the State. This revision challenges order of learned Sessions Judge dated 11.01.10 in Criminal Appeal No. 3/10 and requests setting aside order also setting aside the order of Juvenile Justice Board dated 11.01.10, be ordered to be released on bail. Learned counsel contends that appellant juvenile Ramesh s/o Kallu per prosecution and admittedly is juvenile – not more than 15 years of age – charge-sheet against him also presented in such capacity before the Juvenile Justice Board. Board did not question and accepting him a juvenile taken proceedings but without any appropriate reason, Board rejected petitioner's application. Thus arguing that order of learned Magistrate also is based on surmises and misconceptions and without any reason whatsoever learned Sessions Judge has raised issues regarding his age. Per school record, submitted charge-sheet also age 15 years and report atleast as on the moment is conclusive. Contends that refusing bail to juvenile is exceptional only on the ground mentioned in Juvenile Justice Act. Lastly also is contended that nature of alleged incident is not relevant and still looking it is a fit case to enlarge on bail. Learned Public Prosecutor opposed the revision petition. Considering the arguments raised, gone through the order of learned Sessions Judge and also both orders dated 11.01.10 and 11.2.10. For the juvenile, in conflict with law is chargesheet preferred. With the charge-sheet also is copy of said school record and certificate according to which date of birth is July, 1995 and the said incident is said to be of December, 2009. Learned Public Prosecutor also state that verified by original copy of admission form etc, date of birth is as described in the charge-sheet is. Provisions of bail to juvenile appears in Section 12 of the Juvenile Justice Act. Bail is to be refused if release is likely to make juvenile in association of criminals or criminal activities or likely to expose to any sort of danger to him or that defeats ends of justice. Learned Sessions Judge observing that initially when arrested, in remand sheet mention by prosecution is of his age 21 years and the alleged offence is of rape with a 8th class student. Nothing seems on record to suggest any coming within reasons described in Section 12. Stated in impugned order only is that no appropriate to release on bail. Per school record, date of birth is July, 1995. Prosecution accepted it. Prosecution accordingly preferred charge-sheet before the Juvenile Board more than six months have elapsed and since then in detention. Considering alleged facts and provisions and considering arguments, in the opinion of the Court, allowing revision, is just and appropriate to order release on bail. Accordingly, accepting the revision petition, it is ordered that if in pursuance and in compliance of conditions imposed for and in relation to appellant juvenile, two sureties of Rs.10,000/- and a personal bond on his behalf of Rs.20,000/- to the satisfaction of the Juvenile Justice board, is furnished before the board, then he (in C.R No. 173/09) be released on bail. Conditions to be also determined by the board and one of the conditions that guardian shall be responsible and that to make sure that he does not indulge and exposed to any improper activities and he shall be taken proper care of including education and health etc. (C. M. TOTLA), J. scd/bjsh