SHAKIB Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Present revision is preferred against the order dated 08.07.2013 passed by Juvenile Justice Board, Haridwar and order dated 22.07.2013 passed by the Sessions Judge Haridwar whereby application moved by the juvenile under Section 12 of the Juvenile Justice Board (Care and Protection) Act, 2000 (hereinafter referred to as 'J.J. Act') was rejected.
(2.) Revisionist is an accused in F.I.R. Case Crime No. 235 of 2013, under Sections 377 I.P.C., Police Station Manglaur, District Haridwar. Revisionist was declared juvenile. Application seeking bail under Section 12 of the J.J. Act was rejected by the Juvenile Justice Board vide order dated 08.07.2013 and appeal filed by the Juvenile was also dismissed vide judgment dated 22.07.2013, passed by the Sessions Judge Haridwar.
(3.) This Court in the case of Akash Singh (Minor) Vs. State of Uttrarakhand and another, Criminal Revision No. 106 of 2013, decided on 17.07.2013 has held as under :-
"Having perused Section 12 of the Act, I have no hesitation to hold that the moment of juvenile is arrested or detained or brought before the Board, ordinarily such juvenile should be released on bail with or without sureties.
However, second part of the Section 12 of the Act provides that when juvenile justice board or court for the reasons recorded find that there are reasonable grounds believing that release is likely to bring him into association with any known criminal or shall expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, may refuse the Bail.
In my considered opinion, bail can be denied to the juvenile only when there is a material on record suggesting that juvenile may join the company of any known-criminal; on release likely to exposes him to moral, physical or psychological danger. There must be some material before the Court to form such opinion and bail should not be denied to juvenile merely on the basis of some assumption or presumption.
If for the reasons so recorded, Judge Juvenile Justice Board, finds that juvenile should be placed under the supervision of a Probation Officer or under the care of fit institution or fit person, he can so direct. If bail is denied juvenile shall be kept in the observation home.";
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