Om Prakash vs State Of Rajsthan And Ors. on 16 May, 2014
In Prakash Vs. State of Rajsthan, 2006, Cri Law Journal, pg. 1373, it has been observed that " at the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. The language of the Section 12 of the Act using the word "shall" is mandatory in nature and providing non obstinate clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force", he be released on bail......................................", shows the intention of legislature to grant bail to the delinquent juvenile offender with certain exceptions. It is for the prosecution to bring on record such materials while opposing the bail and to make out any of the grounds/exceptions provided in the Section which may persuade the Court not to release the juvenile on bail.