Sudip Ahluwalia, J. - (1.) This revision petition has been preferred against the impugned order dated 09.05.2019, passed by the Ld. Sessions Judge, Faridabad, vide which the appeal preferred on behalf of the petitioner, who is a juvenile, against the previous order dated 20.04.2019, passed by the Ld. Principal Magistrate, Juvenile Justice Board, Faridabad, seeking release of the petitioner on bail, were dismissed.
(2.) Ld. Counsel for the petitioner has contended that the petitioner would have been entitled to bail automatically under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act'), and the only circumstance to deny such bail could have been covered by the Proviso to Section 12(1) of the Act, which is set out as below: "...Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision."
(3.) However, in the impugned order dated 20.04.2019 passed by the Ld. Principal Magistrate, Juvenile Justice Board, Faridabad, it was observed, inter alia: "Reliance can be placed upon Shimil Kumar Vs. State of Haryana , 2013 4 RCR(Cri) 16 for the said purpose. In the said judgment, Hon'ble High Court has held in judgment para 30 that in cases, where the CCL has been accused of aggravated offences which shock the conscience of the society, it would be safer to protect him from the collective wrath of the society, on account of retribution such dastardly act may possibly invite. Therefore, in these circumstances in case applicant/CCL is released on bail at this stage then there is an apprehension that he may come in contact with criminals and it shall also defeat the ends of justice." ;