Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision has been directed against the judgment and order dated 17.02.2010 passed by Juvenile Justice Board, Lalitpur in Bail Application No.7 of 2010 in relation to Case Crime No. 537 of 2007, under Section 364- A, 302, 201, 420/34 I.P.C. and Section 3(2)(5) SC/ST Act, P.S. Kotwali Orai, District Lalitpur by which the prayer for bail of revisionist Mujammil @ Afsar has been dismissed.
Feeling aggrieved with the order dated 17.02.2010, the revisionist preferred the Criminal Appeal No. 21 of 2010, Mujammil @ Afsar Vs. State of U.P., which has been dismissed vide order dated 11.03.2010 passed by Sessions Judge, Lalitpur.
I have perused both the impugned orders dated 17.02.2010 and 11.03.2010. The revisionist has been declared juvenile by Juvenile Justice Board, Lalitpur vide order dated 06.01.2010.
The bail prayer of the revisionist-juvenile has been declined mainly on the ground that the revisionist is involved in a very heinous offence. The reference has come about the report of Probation Officer. The report of Probation Officer is Annexure-2 to this criminal revision. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 mandates that the bail to the juvenile can be refused only when 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. No such ground for refusing bail to the revisionist is apparent from the face of record. Thus, the impugned orders dated 17.02.2010 and 11.03.2010 are not sustainable in law and are liable to be quashed.
The criminal revision is allowed. The orders dated 17.02.2010 and 11.03.2010 are, hereby, quashed.
Let the revisionist Mujammil @ Afsar be released on bail on furnishing two sureties and a personal bond of the guardian of the revisionist of the like amount to the satisfaction of the court concerned in Case Crime No. 537 of 2009, under Sections 364-A, 302, 201, 420/34 I.P.C. and Section 3(2)(5) SC/ST Act, P.S. Kotwali Orai, District Jalaun.
Order Date :- 15.6.2010 Pk