Arun Macian, J. - (1.) Since the similar controversy has arisen out of the common impugned order, both the revision petitions are being heard and finally decided by this common order.
(2.) The petitioner who is a juvenile offender (minor) has come by way of this revision petition against the impugned order dated 3-2-1999 passed by the learned Additional Sessions Judge, Deeg whereby, his appeal was dismissed and the prayer of the petitioner for his release on bail under Section 37 of the Juvenile Justice Act, 1986 for short the Act of 1986T1 in Misc. Cr. Case No. 73/99 arising out of FIR No. 10/99 registered with Police Station Sikri for the offence under Sections 457 and 376, PC was rejected. The appeal was dismissed by the Trial Court observing that looking to the nature of offence punishable under Section 376, IPC, it will be improper for the petitioner to release him on bail notwithstanding the provisions of Section 18(1) of the Act of 1986 which contains specific provisions for the release of a juvenile offender on bail pending trial. Section 18 (1) of the Act of 1986 stipulates as under: "18 Bail and custody of juveniles. (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 Juvenile Court, such persons shall, notwithstanding, anything contained in the Code of Criminal Procedure, 1973, 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 danger or that his release would defeat the ends of justice."
(3.) A bare look at the aforesaid provision demonstrates that a juvenile offender has to be released on bail irrespective of the nature of the offence alleged to have been committed unless, it is shown to the satisfaction of the Court that his release is likely to bring him into association with any criminal or expose him to moral danger or that his release would defeat the ends of justice. A perusal of the impugned order of the Trial Court clearly shows that there is no material on the record before the Trial Court which shows that in case of release of the petitioner, it is likely to endanger to the society and it would defeat the ends of justice, Section 18(3) of the Act of 1986 stipulates as under: 18(3) When such person is not released on bail under subsection (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 enquiry regarding him as may be specified in the order.;