“ 18 . Analyzed as above, the Juvenile Justice (Care and Protection of Children) Act, 2015 contains provision for grant of bail which is different from the scheme of grant of bail under Section 437 or 439 of Cr.P.C. as both operate on different considerations, though some of the considerations like consideration that grant of bail is likely to defeat the ends of justice could be relevant in both the cases. Therefore, it is vividly clear that the two schemes for grant of bail, one with regard to post arrest bail found under Section 437 & 439 of Cr.P.C. and other found under Section 12 of the Act of 2015 are inconsistent with each other and there is a great degree of repugnancy between them. While considering application for grant of bail under Section 439 Cr.P.C., mere gravity of allegations by itself may be ground for rejecting the bail but that considerations may not apply while considering grant of bail to a juvenile. Similarly, the Juvenile Justice Board shall have to reject the application for grant of bail of juvenile, if there appears to be reasonable ground for believing that release may expose the juvenile to moral, physical or psychological danger, which may not be relevant while considering application for grant of bail under Section 437 or 439 of Cr.P.C. Therefore, a comparative reading of the scheme for grant post arrest bail under general law and the special law reveals that the two schemes are inconsistent with each other. If this kind of conflict, inconsistency or repugnancy exists, non obstante clause would operate to exclude the applicability of general provisions relating to bail contained under the Code of Criminal Procedure to the extent, it is inconsistent with the scheme of grant of post arrest bail under Section 12 of the Act of 2015. It is equally settled proposition of law that where there is no special provision made in special law and it is silent on a particular aspect, the provisions of general law will hold field and would be applicable."
