- (1.) G. D. Dube, J. This bail application has been moved in connection with a crime registered against the applicant under Section 3o3, 366 and 376 of I. P. C. , P. S. Chibramau, district Farrukhabad.
(2.) THE learned Sessions Judge, Farrukhabad had written in the opening sentence of his order that admittedly the applicant is below 16 years of age. He has rejected the application for bail of the applicant on technical ground that the case against applicant was triable by a Juvenile Court, the application for bail should be moved before the said Court. In the Juvenile Justice Act, 1986 (hereinafter referred to as Act) a juvenile has to be dealt with according to the provisions of the Act. Sub section (h) of Section 2 of the Act defines, 'juvenile' as under :- "juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. " Sections 18 and 19 of the Act read as under; - 18. Bail and custody of juveniles.- (I) 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 juvenile Court, 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 with out surety but he shall not be so released if there appears reason able grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral 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- in-charge of the police station, such officer shall cause him to be kept in an observation home or a place of safety in the prescribed manner (but not in a police station or jail) until he can be brought before a Juvenile Court. (3) When such person is not released on bail under sub-section (1) by the Juvenile Court 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 regard ing him as may be specified in the order. (emphasis added) 19. information to parent or guardian or probation officer.- Where a juvenile is arrested, the officer-in- charge of the police station to which the juvenile is brought shall, as soon as may be after the arrest, inform - (a) the parent or guardian of the juvenile, if he can, be found, of such arrest and direct him to be present at the Juvenile Court be fore which the juvenile will appear; and (b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the juvenile and other material circumstances likely to be of assistance to the Juvenile Court for making the inquiry.
(3.) SECTION 18 of the Act denies bails to Juveniles under three conditions only, namely (1) release is likely to bring him into association with any known criminal (2) or expose him to any moral danger, or (3) the release would defeat the ends of justice. Sub-section (2) of Section 18 casts a duty upon the Juvenile Courts and the officer-in-charge of the police station where juvenile is brought to release the juvenile on bail. Section 19 makes it obligatory upon the officer-in-charge of the police station where a juvenila is brought to inform the parent or guardian of the juvenile if he can be found and also the probation officer of the district.;