DALIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (here-in-after called in short 'the Act') has been directed against the judgment/f dated 19.7.2006 whereby the appeal filed by the petitioner under Sec. 52 of the Act has been dismissed and the order dated 10.7.2006 passed by the Juvenile Justice Board, Jaipur declining bail to the petitioner has been upheld.

(2.) I have heard learned counsel for the petitioner, learned P.P. for the State and have perused the relevant documents placed before me.

(3.) It is not in dispute that the petitioner is a juvenile. It is also well settled that the petitioner is entitled to bail under Sec. 12 of the Act irrespective of the nature of the offence. The bail can be declined to him only if any one or more of the conditions stated in Sec. 12 of the Act are made out. Learned court below has declined him bail on the ground that he would associate with co-accused persons who were also involved in the gang rape alongwith him. It is also observed by the learned court below that he would be exposed to moral, physical or psychological danger in the event of his release on bail. But the learned court below has not alluded to any material on record on the basis of which it could be said that the petitioner would associate with any known criminal or he would be exposed to moral, physical or psychological danger or it would otherwise defeat the ends of justice. The order of the (earned court below, therefore, cannot be sustained.