Criminal Revision No. 1221 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1221 of 2009 Date of Decision: 26.5.2009 Gyani alias Krishan Gopal …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vinod S. Bhardwaj, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed against the order passed by the Additional Sessions Judge, Faridabad, who has declined prayer of bail to the petitioner. Admittedly, petitioner has been declared as juvenile vide order dated 27.3.2009 passed by the Court of Additional Sessions Judge, Faridabad. Petitioner is facing trial in the Court of Chief Judicial Magistrate-cum-Principal Magistrate, Juvenile Justice Board, Faridabad, where challan has been filed. Bail has been declined to the petitioner on the ground that he was one of the persons who was guilty of gang-rape with the minor girl of just 13 years of age. Counsel for the petitioner has placed reliance upon judgment rendered in Ramesh alias Meshu v. State of Haryana 2005(2) Recent Criminal Revision No. 1221 of 2009 2 Criminal Reports 65, where in a rape case juvenile was released on bail. The Court in Ramesh alias Meshu's (supra) has observed as under:- “3. I have heard the argument of the counsel for the parties and gone through the impugned orders passed by the Juvenile Justice Board as well as Additional Sessions Judge, Sonepat. In my opinion, rejection of bail application of the petitioner by the Courts below only on the ground that it will defeat the ends of justice, is wholly erroneous. The prosecution has not produced any material or evidence that release of the petitioner will defeat the ends of justice. The granting of bail to a juvenile is must notwithstanding anything contained in the Code of Criminal Procedure or in any other law for the time being in force. However, bail can only be declined in exceptional circumstances where it appears to the Court that the release of the petitioner 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. In the instant case, there is no reasonable apprehension that the release of the petitioner will bring him into association with any known criminal or expose him to moral, physical or psychological danger. The only exceptional reason given by both Criminal Revision No. 1221 of 2009 3 the Courts below is that release of the petitioner will defeat the ends of justice. This conclusion also, in my opinion, is not based upon material or any reasonable grounds”. Counsel has further relied upon judgment rendered in Sandeep (In J.C.) v. The State Nct of Delhi 2008(1) Recent Criminal Reports 146. It has been held in various judgments that for granting bail to juvenile, nature of offence is not a consideration. The only considerations are those spelt out of Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000. which requires bail to be granted unless the Court feels that the release of the juvenile is likely to bring him into association of any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. No such reasoning has been given by the Court below. In the present case, there is no material with the Prosecuting Agency that if petitioner is released on bail, he will go astray or his released will bring him into association with any known criminal or expose him to moral, physical or psychological danger. Petitioner is in custody for the last more than 11 months. Hence, the present petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of the Juvenile Justice Board, Faridabad. Trial of the case shall be concluded by the Juvenile Justice Board, within six months from the receipt of certified copy of this order. (Kanwaljit Singh Ahluwalia) Judge May 26, 2009 “DK”