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This revision is directed against the judgment and order dated 14.11.2019 passed by Ist Additional Session Judge, Baghpat dismissing the Criminal Appeal No.50 of 2019, filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming an order of Juvenile Justice Board, Baghpat dated 16.09.2019 refusing the bail plea to the revisionist in Case Crime No. 32 of 2019 (State Vs. Dilshad), under Sections 363, 376 I.P.C. and Section 3/4 of P.O.C.S.O. Act, Police Station Khekda, District Baghpat.

Learned counsel for the revisionist further submits that it is not in dispute that the revisionist is a juvenile as he already been declared juvenile by Juvenile Justice Board, Baghpat vide order dated 04.09.2019. The revisionist was a juvenile on the date of occurrence. He is in jail since 04.02.2019 in connection with the present crime and has completed substantial period of sentence out of the maximum three years institutional incarceration permissible for a juvenile, under Section 18(1)(g) of the Act. It is submitted with much emphasis that co-accused Kasim, who is adult and similarly circumstanced as the revisionist, have been admitted to bail by this Court in Criminal Misc. Bail Application No. 14004 of 2019. It is argued that the revisionist being a minor, cannot be held in institutional incarceration any further once co-accused, similarly circumstanced, have been admitted to bail. Further submission is that the case of the revisionist is not on worse footing than that of the co-accused, therefore on principles of parity also the revisionist be released on bail.

In the result, this revision succeeds and is allowed. The impugned judgment and order dated 14.11.2019 passed by Ist Additional Session Judge, Baghpat dismissing the Criminal Appeal No.50 of 2019, filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming an order of Juvenile Justice Board, Baghpat dated 16.09.2019 refusing the bail plea to the revisionist in Case Crime No. 32 of 2019 (State Vs. Dilshad), under Sections 363, 376 I.P.C. and Section 3/4 of P.O.C.S.O. Act, Police Station Khekda, District Baghpat, are hereby set aside and reversed. The bail application of the revisionist stands allowed.

Let the revisionist, Dilshad through his natural guardian/ father be released on bail in Case Crime No. 32 of 2019 (State Vs. Dilshad), under Sections 363, 376 I.P.C. and Section 3/4 of P.O.C.S.O. Act, Police Station Khekda, District Baghpat upon his father furnishing a personal bond with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Baghpat subject to the following conditions:

(i) That the natural guardian will furnish an undertaking that upon release on bail the juvenile will not be permitted to come into contact or association with any known criminal or allowed to be exposed to any moral, physical or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.