ORAL JUDGMENT

RULE. Respondent waives service.

2. The petitioner is a juvenile alleged to be in conflict with Section 376(g), 294(b) and 114 of the Indian Penal Code, as also with Section 3(2)(5) and 3(1)(12) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as also with Section 3(A)(4) of the Protection of Children from Sexual Offences Act, 2012.

3. Having failed in the bail application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the Act”), both in the Juvenile Justice Board and the appellate Court, jurisdiction of this Court is invoked.

4. The Juvenile Justice Board was swayed away by the facts like the juvenile being in vicinity of age of 18 years, victim being minor, allegations of gang rape, the adverse impact of the release of juvenile on the victim and the mode of commission of offence.

4.1 On the aforesaid considerations, the Board was of the opinion that the release of juvenile would not be safe and his custody in the remand home would be safe.

5. In appeal, the appellate Court apart from concurring with the aforesaid facts after being conscious of the fact that the juvenile is required to be en