1. - Instant revision petition on behalf of delinquent juvenile has been preferred under Section 53 of the Juvenile Justice [Care & Protection of Children] Act, 2000 to assail the order dated 11.09.2014 passed by the Juvenile Justice Board, Bharatpur, whereby majority of two Members of the Board had declined bail to the petitioner on the ground that in case the petitioner is released on bail, it will expose him to moral, physical and psychological danger. One member of the Board had differed for other two members and had recorded her dissent. The Lower Appellate Court, considering the gravity of offence had affirmed the order passed by the Juvenile Justice Board, whereby bail was declined to the petitioner.

2. Petitioner has been named as accused in FIR No.526/2014 registered at Police Station Nadbai, District Bharatpur for offences punishable under Sections 363, 366 and 376 I.P.C.

3. It is not in dispute that the petitioner is a delinquent juvenile in conflict with law.

4. The learned counsel appearing for the petitioner has read the order passed by the Juvenile Justice Board to urge that the said Board was primarily swayed, considering the gravity of offence and had declined bail to the petitioner using golden words specified in Section 12 of the Juvenile Justice [Care & Protection of Children] Act, 2000 for denial of the bail.

5. It is further submitted by the learned counsel that so far as Lower Appellate Court is concerned, it has also taken gravity of offence into consideration and upheld the impugned order rendered by the Juvenile Justice Board.

6. Be that as it may, the learned counsel appearing for the petitioner, de-hors of the merits of the case, has submitted that as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000) it is incumbent for the court to grant bail to delinquent juvenile in conflict with law unless the court returns a finding that there appear reasonable grounds for believing that in case the delinquent juvenile in conflict with law is released on bail it will 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.

7. Learned counsel has submitted that except using the golden words specified in the section, there has been no material to arrive at finding returned in the impugned order that if the petitioner is released on bail, it will 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. It is further contended that gravity of offence is no ground for the court to deny bail to the delinquent juvenile.

8. Reliance has been placed upon Bhanwar Lal v. State of Rajasthan { 2007 (1) Cr.L.R.(Raj.) 254 } wherein it was held as under:-

"3. Under Section 12(1) of the Act when any juvenile accused of a bailable or non-bailable offence is arrested or detained or appears or is brought before a Board, such persons shall, notwithstanding anything contained in the Code of Criminal Procedure 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. The language of Section 12 of the Act using the word 'shall', is mandatory and it provides non-obstante clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force", which conveys the intention of the legislature to grant bail to the juvenile irrespective of nature or gravity of the offence alleged to have been committed by him and the bail can be denied only in the case where there appear reasona