- (1.) HEARD learned counsel for the revisionist, Sri Rakesh Kumar Singh Chauhan for the opposite party No.2 and learned A.G.A. for the State.
(2.) BY this revision application, the revisionist has challenged the order dated 25.10.2012 passed by the Additional Sessions Judge, Court No.1, Agra in Juvenile Appeal No.243 of 2012 as also the order dated 20.9.2012 passed by the Juvenile Justice Board, Agra by which the prayer for bail made on behalf of the revisionist in Case Crime No.404 of 2012, under Sections 363, 366 and 376 I.P.C, P. S. Sadar, District Agra, has been refused.
(3.) ADMITTEDLY , revisionist is a juvenile and special provisions are there for the bail of a juvenile. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides as follows: - "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 or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appears 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 in -charge 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 inquiry regarding him as may be specified in the order.";