5. Heard Sri S.P.S. Raghav and Sri D.S. Pandey, learned Counsel for the revisionist and learned A.G.A. and perused the impugned orders and other documents present on the record.
6. It is contended by the learned Counsel for the revisionist that in the present case, the applicant has been declared Juvenile by learned Additional Sessions Judge, Court No. 2, Ghazlabad on 26.5.2005, the applicant is entitled for bail under the provisions of Section 12 of the Act but the learned Juvenile Justice Board and learned Sessions Judge, Meerut have re fused the ball without considering the proper provision of Section 12 of the Act and no proper reason has been shown for refusing the ball of the revisionist, Co-accused Sonu @ Mohit has been released On ball by this Court on 9.5.2005 in Crl. Misc. Bail Application No. 5335 of 2005 and co-accused Surya Narain Singh has has also boon released on ball by this Court on 8.4.2005 in Crl. Misc. Bail Appl. No. 6381 of 2005. on merit the case of the applicant is on the same footing with the case of the abovement ioned co-accused whereas the revisionist is Juvenile also and the revisionist has having no criminal antecedents. Even according to the prosecution version, the recovery of the amount of ransom has not been made from the possession of the revisionist and there is no material against the revisionist to show that if the revisionist is released on ball, the release is likely to bring him into association with any non-criminal or expose him to morel, physical; or psychological danger, or that his release would defeat the ends of justice.
9. According to Sub-section (1) of Section 12 of the Act, a juvenile shall be released on ball with or without surety notwithstanding anything contained in the Code of Criminal Procedure, 1973 or In any other law for the time being in force, the first part of the provision appears to be mandatory In nature for releasing on bail but the second part is equally appears to be mandatory for refusing the bail as a Juvenile shall not be so released if there appears reasonable grounds for believing that;