SARRAF, J. - (1.) THE petitioners, who are admittedly juveniles, were arrested in a case under Sections 323, 342, and 376 IPC and Section 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. THE application for bail filed on behalf of the petitioners was dismissed by the Chief Judicial Magistrate. Baran by order dated 3. 7. 2007. THE appeal filed on their behalf was dismissed by the Sessions Judge. Baran by order dated 13. 7. 2007 considering the gravity of the offences. Aggrieved, the petitioners have filed this criminal revision petition under Section 53 of THE Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the `act' ).
(2.) HEARD learned counsel for the petitioners and learned public prosecutor. Section 12 (1) of the Act runs as under:- " 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 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. " From the perusal of Section 12 (1) of the Act it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him unless it is shown by evidence that if he is released on bail there appear reasonable grounds for believing that the release of the delinquent juvenile 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. The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in the Section which may persuade the court not to release the juvenile on bail. But in this case there is nothing on record to show that the release of the petitioners is likely to bring them into association with any known criminal or expose them to moral, physcial or psychological danger or that their release would defeat the ends of justice. In view of the above discussion the revision petition is allowed. The impugned order as also the order dated 3. 7. 2007 passed by the Chief Judicial Magistrate, Baran are set-aside and it is directed that the petitioners Mahaveer and Shyam be released on bail; provided their guardian Shri Kishan son of Ganga Ram by caste Odh, R/o Jalwada furnishes for each of the petitioners a personal bond in the sum of Rs. 25,000/- with a surety bond in the like amount to the satisfaction of C. J. M. Baran with the stipulation that on all subsequent dates of hearing, he shall produce the petitioners before the Juvenile Justice Board, Baran/cjm Baran or any other Court till the enquiry or trial is concluded. .;