ALOK S/O RAM GOPAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-112
HIGH COURT OF UTTARAKHAND
Decided on November 27,2013

Alok S/O Ram Gopal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Instant criminal revision has been filed for quashing and setting-aside the judgment and order dated 27.09.2013 passed by 1st Addl. Sessions Judge, Udham Singh Nagar in Criminal Appeal No. 133 of 2013 'Alok vs. State' and the order dated 01.07.2013 passed by the Magistrate, Juvenile Justice Board, Rudrapur, whereby bail application of the revisionist was rejected.
(3.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with F.I.R. No. 70 of 2013 registered at Police Station Kashipur under Section 302, 147, 148, 149, 307, 504, 506 and 120-B I.P.C. The revisionist is in jail. The Chief Judicial Magistrate, Udham Singh Nagar, vide order dated 12.06.2013 declared the revisionist as juvenile. He has moved an application under section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000. But Magistrate, Juvenile Justice Board vide his order dated 01.07.2013 has rejected the bail application of the revisionist. The order passed by the Juvenile Board is incorrect on account that before rejecting the bail application of the revisionist the Juvenile Board has not considered the plea of the revisionist that he is juvenile. Aggrieved by said order an appeal was filed which was dismissed on 27.09.2013.;


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