K.N.Sinha, J. - (1.) The present revision has been filed against the order dated 17/12/2002 passed by Additional Session Judge I Baghpat refusing bail application number 1114 of 2002 moved by revisionist under the Juvenile Justice (Care and Protection of Children) Act 2000, (hereinafter referred to as Act).
(2.) The brief facts giving rise to this revision are that on 19/6/2002 revisionist Deepak Kumar committed rape on Km. Ujma Praveen. The revisionist was arrested and he moved for bail which was rejected. The revisionist approached this Court by filing criminal revision No. 2888 of 2002 which was disposed of by this Court by order dated 15/11/2002 directing the Sessions Judge to decide the bail application on merit by exercising his power vested on him by Section 6(2) of the Act keeping in view the provisions of Section 12 of the Act. After the remand of the case and the above direction by this Court the Sessions Judge transferred the bail application to the court of Additional Sessions Judge I. who rejected the bail application hence this revision.
(3.) I have heard learned counsel for the revisionist and the learned AGA, perused the impugned order. This Court has directed to decide the matter keeping in view the provisions of Section 12 of the Act. Section 12 of the Act reads as follows: 12. Bail of Juvenile (1) when any person accused of a bailable or non-bailable offence and apparentty a jivalle, and 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) (3);