JUDGMENT Ravindra Singh, J.
1. This revision he a been preferred by the revisionist Sanjay Chaurasia against the judgment and order dated 27.06.2005, passed by the learned Sessions Judge, Meerut In Criminal Appeal No. 46 of 2005, (Sanjay Chaurasia v. State of U.P.), whereby the prayer for ball of the revisionist being a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 has been refused in Case Crime No. 893 of 2004 under Section 364A I.P.C., P.S. Singhani Gate, District Ghaziabad.
2. In this case, time of four weeks was granted to learned A.G.A. to file a counter affidavit and notice was issued to opposite party No. 2 Sri Vimal Kumar Saini to file a counter affidavit within the same period. The office report dated 23.12.2005 and the report dated 12.9.2005 sent by the learned Chief Judicial Magistrate, Ghaziabad shows that the notice sent to opposite party No. 2 has been served on him but neither opposity party No. 2 nor on his behalf any counsel has appeared before this Court and learned A.G.A. has also not filed any counter affidavit.
3. The fact, in brief giving rise to this revision, are that the F.I.R. was lodged by opposite party No. 2 Sri Vimal Kumar Snini at Police Station Singhani Gate on 19.10.2004 at 5.30 P.M. in respect of the incident which had occurred on 19.10.2004 at about 1.30 P.M., alleging therein that some unkonw person had kidnapped Aman aged about B years, at that Mire he was coming out from school Saraswati Shishu Mandir, to city on a Ricksnaw, one unknown person came there and put off the bag of that boy. He was delivered by the Rickshaw pullar who disclosed his identity. He replied that he was internal uncle of that boy Aman. It was noticed by a girl Mona sitting on that rickshaw, that boy was taken by that person. The boy did not came back to his house. The first informant made a search but no whereabout of that boy could be known. The a boy emeriti on ed facts have been disclosed by the Rickshaw puller and the other children, subsequently on 19.10.2004 the name of the applicant and other co-accused Naresh Saini, Sonu, Sx Pappu and Surya Narain came into light as accused. The police came In action for their search and arrest on 27.10,2004 at about 10.50 A.M., that boy was recovered from the possession of the applicant and co-accused Naresh Saini, Pappu @ Nata, Sonu and Surya Narain from the place near Pawan Cinema. The applicant and other co-accused persons were arrested by the police and amount of Rs. 8,00,000/- was given to them as ransom, was also recovered. The kidnapped boy was given in the custody of his father opposite party No. 2. After completing the Investigation, the charge-sheet has been submitted by the Investigating officer against the applicant and abovementioned co-accused persons under Section 364A I.P.C.
4. The revisionist claimed himself to be juvenile under the provisions of Juvenile Justice (Care and Protection of Children,) Act, 2000, here-in-after referred to as 'Act. Thereafter he was declared juvenile on 26.5.2005 by learned Addl. Sessions Judge, Court No. 2, Ghaziabad and the matter was referred to the Juvenile Justice Board, Meerut where the revisionist moved an application for releasing him on bail under Section 12 of the Act, the same was rejected by the Beard on 28.5.2005. Being aggrieved by that order, the revisionist filed Criminal Appeal No. 46 of 2005 In the court of learned Sessions Judge, Meerut, the same was dismissed on 27.6.?005 and affirmed the order dated 28.5.2005 passed by learned Juvenile Board, Meerut. Being aggrieved by the order dated 27.6.2005, passed by the learned Sessions Judge, Meerut and order dated 28.5.2005, passed by the Juvenile Justice Board, Meerut, present revision has been filed.
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.
7. It is opposed by learned A.G.A. by submitting that the offence committed by the applicant Is of grave in nature. In this case a boy of eight years was kidnapped by the revisionist and other co-accused persons fur the purposes of realisation of ransom and the kidnapped boy has been recovered from the possession of the revisionist and other co-accused persons. Even the amount of. Rs. 8,00,000 /- paid as ransom, was also recovered at the time of recovery of the kidnapped boy. The revisionist is a juvenile and due to commission of this offence, the family of the alleged kidnapped boy has become his enemy also. The alleged offence was committed by some other co-accused also. In such circumstances, his release is likely to bring him Into association with non-criminals and it will expose him to per a), physical or psychological danger also. When offence Is of grave in nature, his release would defeat the ends of Justice also. In such circumstances, the revisionist nay not be released on bail.
8. Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the revisionist and learned A.G.A. and from perusal of the record, It appears that the revisionist has been declared juvenile and for the purposes of ball, the provisions of Section 12 of the Act are available in the Act. Section 12(1) of the Act reads as follows-
(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 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 ball with or without surety 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 u known criminal or expose him to moral, 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;
(1) the release is lively to bring him into association with any known criminal; or (2) expose his to moral, physical or psychological danger; or (3) that his release would defeat the ends of justice.
10. In case of the refusal of the bail, some reasonable grounds for believing abovementioned xx exceptions must be brought before the court concerned by the prosecution but in the present case, no such ground for believing any of the abovementioned exception has teen brought by the prosecution before the Juvenile Justice Board and appellate court. The appellate court dismissed the appeal only oh the presumption that due to commission of this of fence, the father and other relatives of other kidnapped boy had developed enmity with the revisionist, that is why in case of his release, the physical and mental life of the revisionist will be In danger and his release will defeat the ends of justice but substantial to this presumption no material has been brought before the appellate court and the same has not been discussed and only on the basis of the presumption, Juvenile Justice Board has refused the bell of the revisionist which is In the present case is unjustified and against the spirit of the Act. It appears that the Impugned order dated 27.6.2005 passed by the learned Sessions Judge, Meerut and order dated 28.5.2005 passed by the Juvenile Justice Board are Illegal and are hereby setaside.
11. Keeping in view the welfare of the revisionist with a hope that he may recover himself, he is entitled for ball.
12. Let revisionist Sanjay Chaurasia, involved in case crime No. 893 of 2004, under Section 364A I.P.C., P.S. Singhani Gate, District Ghaziabad shall be released on bail on furnishing his guardian's personal bond and two sureties in the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
13. Accordingly, this revision is allowed.