IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2585 of 2008 Date of decision:17.03.2009 Wasim @ Wassi ......Petitioner Versus State of Haryana ......Respondent BEFORE: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sarfraj Hussain, Advocate for the petitioners. Mr. Ajay Chaudhary, DAG, Haryana for respondent. Rajive Bhalla, J.(Oral) The petitioner challenges the orders dated 30.09.2008 and 17.10.2008, passed by the Juvenile Justice Board, Gurgaon and the Additional Sessions Judge, Gurgaon, respectively, declining bail to the petitioner, though he is admittedly juvenile. Counsel for the petitioner submits that, in view of the provisions contained in Section 12 of the Juvenile Justice(Care and Protection of Children) Act, 2000(hereinafter referred to as the 'Act'), the petitioner can only be denied bail, if there appears reasonable ground to believe, that if released on bail 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. It is submitted that, as the State of Haryana does not allege any of the aforementioned facts, the petitioner is required to be released on bail. Counsel for the State of Haryana submits that the Criminal Revision No. 2585 of 2008 [2] petitioner, though a juvenile, is accused of heinous crime, namely rape of a minor girl, aged 16 years and therefore be denied the benefit of bail. I have head counsel for the parties and perused the FIR and also the impugned orders. Section 12 of the Act reads as follows:- “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 force, 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.” It is apparent, from a perusal of the aforementioned provision that a Court, a Statutorily bound obliged to release, a juvenile in conflict with law except, where there appears to be reasonable grounds to believe that his release on bail, would 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. The State of Haryana has not expressed any apprehension or placed on record any material that would enable this Court to record a finding in terms referred to hereinbefore. The petitioner though accused of serious offences would therefore have to be released on bail. Consequently, the revision petition is allowed and the Criminal Revision No. 2585 of 2008 [3] orders passed by the Juvenile Justice Board, Gurgaon, and Additonal Sessions Judge, Gurgaon, respectively are set aside and it is directed that the petitioner be released on bail to the satisfaction of the Principal Magistrate of the Juvenile Justice Board, Gurgaon. [RAJIVE BHALLA] JUDGE 17th March, 2009 SKaushik