Harbans Lal, J.
1. This criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to in short as 'the Act') against the order dated 15.7.2004 of the learned District Judge, Kota in Criminal Appeal No. 120/04 whereby the appeal has been dismissed and the order dated 9.7.2004 passed by the Juvenile Justice Board, Kota in Criminal Case No. 208/04 rejecting the bail application of the petitioner has been upheld.
2. A criminal case being 83/04 came to be registered at PS Aklera on the basis of a written report submitted by Omlata Bai daughter of Gangaram on 10.5.2004 wherein it was alleged that the petitioner committed rape with the prosecutrix about 4-5 months ago as a result of which she became pregnant. The petitioner was arrested in connection therewith. He applied for bail. But the Juvenile Justice Board, Kota declined him bail vide order dated 9.7.2004. He preferred an appeal against the aforesaid order which was dismissed. Hence, this revision.
3. I have heard learned counsel for the parties and have perused the impugned orders as well as the relevant documents.
4. It is true as contended by the learned counsel for the petitioner that a juvenile is entitled to bail under Section 12 of the Act irrespective of the nature of the offence with which he is charged. It is also not in dispute that the provisions of Section 12 of the Act of 2000 are mandatory in nature, in the instant case, the petitioner who is admittedly a Juvenile, is alleged to have committed rape with the prosecutrix once some 4-5 months prior to the lodging of the report. There is no allegation against him that he indulged in such offence prior to this occurrence or thereafter. It is not the case of the prosecution that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger. The prosecution has also not set - up any plea that his release would defeat the ends of justice. There is no reasonable ground on record for such a belief. It appears that such an inference has been taken by the courts below only on the basis of heinous nature of the offence. But if the heinous nature of the offence by itself is held to defeat the ends of justice, there would be no case involving heinous or grave offence in which a juvenile can be released on bail which does not appear to be the intendment of this provision especially when it is well settled that a juvenile is entitled to bail irrespective of the nature of the offence. As such, the orders of the courts below cannot be sustained.
5. Consequently, this revision petition is allowed and the impugned order dated 15.7.2004 passed by the learned Sessions Judge, Kota and the order dated 9.7.2004 passed by the Juvenile Justice Board, Kota are hereby quashed and it is directed that the petitioner Lal Chand s/o Heera Lal shall be released on bail on furnishing of personal bond of his guardian in the sum of Rs. 20,000/- with a surety in the like amount for his appearance before the concerned Juvenile Justice Board on each and every date of hearing until conclusion of the trial.
