NARAYAN SHUKLA,J. - (1.) HEARD learned counsel for the revisionist and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.
(2.) THE allegation against the revisionist is that he committed the murder of his father and grand mother being under the guardianship of his mother, which establishes that the mother has no command over the mental thought of the revisionist. The revisionist is a juvenile, therefore, the consideration of his application for bail is guided by Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Section 12 is extracted below: "Section 12: Bail of juvenile.- 1. 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. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order." Though the gravity of crime has no ground to refuse the bail of juvenile, but several other relative circumstances have to be taken care. Since the revisionist has committed murder of close relatives being father, who was Sub-Inspector, and grand mother. It appears that his mind is affected with some adverse circumstances of his home itself. Therefore, I do not feel it appropriate to release him on bail, just to go to that very home to develop his mentality towards the criminal activities. It is proper to keep him in the observation home safely during the pendency of proceeding of the case, where the observation home authority shall provide a positive atmosphere to change his cruel mind so that after turning into society he may lead his life in the positive direction.
(3.) WITH the aforesaid observation, the revision is dismissed.;