Decided on August 03,2005



DHIRENDRA MISHRA,J. - (1.) HEARD . This application has been filed by the applicant u./s 439 of the Cr.P.C. for grant of bail as he is in custody in connection with Crime No. 56/2005 registered in police station Dharsiva for the offence punishable u/ss 354 and 377 of the IPC.
(2.) LEARNED counsel for the applicant submits that the applicant is facing trial before the Juvenile Justice Board as he is less than 16 years of age. He further submits that his application for bail filed under section 12 of the Juvenile Justice (Care and Protection of Children) Act (for short the Act) was rejected by the Juvenile Justice Board on the ground that he committed the alleged offence on a five year old child. His application was also rejected by the learned Additional Sessions Judge by the impugned order on same ground. Learned counsel further submits that as per section 12 of the Act it is mandatory that the juvenile delinquent should be released on bail and the bail may be refused only in the exceptional circumstances that there appears to be a reasonable ground for believing that the release is likely to bring him in to association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. He submits that the applicant is already in jail since 20.2.2005. He further submits that the application under section 439 of the Cr. P.C is maintainable and for this purpose he relied upon the judgment of this Court in the matter of Mohan v. State of Chhattisgarh1, Chhattisgarh Criminal Judgments 2005 Page No. 1. On the other hand learned counsel for the respondent opposes the application for bail.
(3.) AFTER hearing learned counsel for the parties and taking into consideration the fact that the juvenile delinquent is less than 16 years of age and he is in jail since 20.2.2005 and that there is no allegation that his release on bail shall bring him in association of the known criminals or expose him to moral, physical or psychological danger or his release shall defeat the ends of justice, I am of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. Applicant namely Vijay Kumar Kurre is directed to be released on bail on his natural guardians executing a bond in the sum of Rs. 10,000/ - with two sureties for the like sum to the satisfaction of the concerned Juvenile Justice Board. Parties are entitled for certified copy of this order. Application allowed.;

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