The main legal point established is that bail should ordinarily be granted to juveniles, and specific conditions under Section 12 of the Act must be met to reject a bail application.

JUDGMENT :

PRITINKER DIWAKER, J.

1. Heard Sri A.K. Verma, learned counsel for the applicant and Sri Diwaker Singh, learned State counsel for Respondent No. 1. None for respondent No. 2.

2. Present revision has been filed against the order dated 26.09.2017 passed by Sessions Judge, Sitapur in Criminal Appeal No. 57 of 2017 dismissing the appeal preferred by the applicant assailing the order dated 21.08.2017 passed by Juvenile Justice Board, Sitapur in Criminal Case No. 322 of 2016.

3. Facts of the case in brief are that on 03.12.2016, the applicant is alleged to have committed rape upon prosecutrix, a major married lady for which, he is in jail since 04.12.2016. Undisputedly, the applicant is minor below 18 years of age. The applicant filed an application before the Principal Magistrate, President, Juvenile Justice Board, Sitapur under Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015') for grant of bail, which was rejected on the ground that if the applicant is released on bail, it would likely to bring him into association with known criminals and would expose him to moral, physical or psychological danger.

4. The order passed by the Magistrate was assailed by the applicant by way of filing appeal before the Sessions Judge, Sitapur, which has been dismissed by the order impugned dated 26.09.2017 mainly on the ground that the applicant has committed a serious offence of rape and if he is released on bail this would defeat the ends of justice.

Learned appellate court has further held that the judgment of the trial court has been passed after considering all the aspects of the case. The same is based on sound reasons and does not call for any interference.

5. Learned counsel for the applicant submits that both the courts below have completely overlooked the provisions of Section 12 of the Act of 2015 and more particularly the report submitted by the Probation Officer, Annexure-6. He submits that in its report nowhere it has been stated by the Probation Officer that if the applicant is released on bail, he would be exposed to moral, physical or psychological danger and that if he comes back to the same atmosphere ends of justice would be defeated. He submits that if the entire report is seen, the same appears to be in favour of the applicant and it is apparent that the crime has been committed by the applicant on account of poverty. Report reflects that while living in the house, the applicant was helping his father in the agricultural work and does not quarrel with anyone in the village. He submits that there is absolutely nothing adverse in the report of the Probation Officer that if the applicant is released on bail, he would be exposed to moral, physical or psychological danger and that the words "he would be exposed to moral, physical or psychological danger" have been mentioned in the impugned order just because they are described in the relevant provisions itself.

6. Learned counsel for the respondent/State, however, submits that the application and the appeal of the applicant have rightly been rejected by the Courts below.

7. Before drawing any conclusion regarding the correctness or otherwise of the orders impugned, glance of the relevant provisions of Section 12 of the Act of 2015 becomes necessary, which is reproduced as hereunder for ready reference:

"Section 12. Bail to a person who is apparently a child alleged to be in conflict with law . - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or 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 person:

Provided that such person shall not be so released if ther