A.K.ROOPANWAL, J. - (1.) THIS revision has been filed against the orders dated 1.5.2008 and 22.5.2008 passed by the authorities below. Vide order dated 1.5.2008 the request for bail made by the re­visionist in Case Crime No. 412 of 2007, under sections 302, 120-B, 307, I.P.C. and section 4/25. Arms Act, Police Station Chaubeypur, District Varanasi, was rejected by the Juvenile Justice Board and when the appeal was preferred against the rejection order, that appeal was dismissed by the Sessions Judge, Varanasi, vide order dated 22-5-2008.
(2.) IT is pertinent to mention here that both the authorities below were not in­clined to grant bail as there was every like­lihood that the revisionist may fall in the association of known criminals. I have heard Mr. J.J. Munir, learned Counsel for the revisionist learned AGA for the State and perused the record. It has been argued by Mr. Munir that there was no evidence on the record to indicate that the revisionist ever joined the company of any criminal what to say of a "known criminal" and therefore, the findings recorded by the authorities below can­not be allowed to subsist. To the above, it has been argued by learned AGA that in the case of the present nature where one person was murdered and two persons were injured and the re­visionist was apprehended at the spot, there could be no occasion for the authori­ties below to grant bail, therefore, the or­ders passed by the authorities below are well in accordance with the law.
(3.) FOR appreciating the arguments of the parties, I would like to reproduce the provision of bail incorporated under sec­tion 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herein­after referred to as the Act). It runs as un­der: "(12). Bail of Juvenile. - (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 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 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 of 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 person, make an order sending him, to an observation home or a place of safety for such a period during the pendency of the inquiry regarding him as may be specified in the order." ;