The release of a delinquent juvenile should not bring them into association with known criminals or expose them to moral, physical, or psychological danger. The willingness of the guardian to reform the juvenile and the presence of supporting material are crucial in deciding bail applications for delinquent juveniles.

Arvind Kumar Mishra-I,J.

Heard learned counsel for the revisionist, Sri Gaurav Kakkar, learned counsel for the opposite party no.2 and the learned AGA for the State.

2. By means of the instant revision, the revisionist Kusum mother/natural guardian wife of Jatanvir has sought bail of her minor son Ravi in Case Crime No.184 of 2013 under Sections 147, 148, 149, 452, 302, 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station Dadari, District Gautam Budh Nagar, with the prayer that the impugned judgment and order dated 16.11.2013 passed by the learned Sessions Judge, Gautam Budh Nagar, in Criminal Appeal No.79 of 2013, Ravi Vs. State of U.P. affirming the order dated 11.10.2013 passed by the Juvenile Justice Board, Gautam Budh Nagar, be set aside and the application moved for bail of delinquent minor be allowed.

3. The relevant facts of this case in a nutshell are that the first information report was lodged on 24.04.2013 at 19: 30 hours, at Police Station Dadari, District Gautam Budh Nagar, at the instance of the Phuttan Singh-opposite party no.2 whereupon the allegations were made against the delinquent juvenile Ravi and others alleging the commission of crime under Sections 147, 148, 149, 452, 302, 307 I.P.C. and 7 Criminal Law Amendment Act. The matter was investigated into and after completion of the investigation, charge sheet was submitted against the delinquent juvenile.

4. During course of the proceedings, an application was moved on behalf of the revisionist that Ravi be declared to be a juvenile as he was less than 18 years of age on the date of the incident whereupon after consideration of the matter, the Juvenile Justice Board, Gautam Budh Nagar, declared juvenile vide order dated 18.09.2013.

5. Thereafter, an application for bail was moved by the revisionist before the Juvenile Justice Board in Case Crime No.184 of 2013 under Sections 147, 148, 149, 452, 302, 307 I.P.C. and 7 Criminal Law Amendment Act. The Juvenile Justice Board, after considering the case, rejected the bail application vide order dated 11.10.2013 on the ground that in case the juvenile is released on bail, his release would have adverse impact upon him on physical, moral and psychological side.

6. Feeling aggrieved by the bail rejection order dated 11.10.2013, the revisionist filed Criminal Appeal No.79 of 2013 before the appellate court, whereupon, after consideration of the appeal, the appellate court dismissed the appeal vide judgment and order dated 16.11.2013 affirming the order dated 11.10.2013 passed by the Juvenile Justice Board, Gautam Budh Nagar. Hence this revision.

7. Learned counsel for the revisionist submits that the parameters required to be considered for granting or not granting the bail to the delinquent minor are to be read in context to the mandate contained under Section 12 of the Act, and the gravity of the offence will not be a guiding factor while considering the bail application of the delinquent juvenile.

8. Learned AGA has opposed the prayer so made and has submitted that the learned Sessions Judge was basically guided by the material on record particularly by the fact that in case the delinquent minor is released on bail there is likelihood of his repeating the offence, which under the circumstances, was justified conclusion and no interference is required by this Court.

9. Considered the above submissions and also perused the orders impugned in the instant revision.

10. In view of above rival submissions the moot point involved in this revision for adjudication relates to the fact as to whether the bail to the delinquent juvenile in conflict with law will have to be considered on the strength of the merits of the case, or on gravity of offence or on the parameters as laid down under Section 12 of the Act.

11. Before dealing with the matter, it would be appropriate to take into account Section 12 of the Act which is extracted hereinunder:

"12. Bail of juvenile.-(1) When any person accused of a bailable or non-bailab