IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1494 of 2011 (O&M) Date of decision : 22.7.2011 Amit @ Moni ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.R.K.Arya, Advocate for the petitioner. ..... MAHESH GROVER, J. This revision petition is directed against the order dated 3.6.2011. The petitioner, who claims to be a juvenile, prays that the benefit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') be granted to him. A contention has been raised that since he is a juvenile, the grant of bail is mandatory in the normal course of proceedings and that denial thereof is an exception. Section 12 (1) of the Act is extracted as under :- “12. Bail of juvenile.-- (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 Board, such person shall, notwithstanding Crl.Rev.No.1494 of 2011 (O&M) -2- 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 institution or fit person 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.” There is indeed no doubt that the benefit of bail is a matter of right for a juvenile and denial thereof is an exception. But at the same time the courts while considering the grant of bail are not precluded from looking into the facts of the case and the benefit of bail can be denied to a juvenile if there appears a reasonable apprehension to believe that such a release is likely to bring him into association of any known criminal or exposing him to moral, physical or psychological danger or that his release would defeat the ends of justice. The allegations reveal that the petitioner raped a woman of a lower caste and murdered her upon resistance. The petitioner concededly belongs to a predominant caste of the area. Sectarian violence in the State of Haryana is not unknown and, therefore, this Court is of the opinion that releasing the petitioner on bail is likely to expose him to danger and besides his release is unlikely to enhance the cause of justice, rather it will defeat the ends of justice Crl.Rev.No.1494 of 2011 (O&M) -3- considering the gravity of the offence. No merit. Dismissed. 22.7.2011 (MAHESH GROVER) JUDGE dss