Hon'ble Kant Tripathi - (1.) HEARD learned counsel for the revisionist and the learned AGA and perused the record.
(2.) THIS is a revision against the judgement and order dated 5/7/2010 passed by the learned Sessions Judge, Agra in Criminal (Juvenile) Appeal No. 114 of 2010 (Amit Kumar v State of U.P.) arising out of Case Crime No. 967 of 2009, under Sections 302/307 IPC, P.S. Barnahal, District Mainpuri It is alleged that on 14/11/2009 at about 11.00 p.m. the revisionist killed his own sister (Seema) only due to the reason that she has herself solemnized marriage with one Lattha alias Upendra Singh. 3.The Juvenile Justice Board, Mainpuri has already declared the revisionist as juvenile but refused to release him on bail vide its order dated 12/5/2010 on the ground that the release of the revisionist on bail would bring him into the association with known criminals and also expose him to moral, physical and psychological danger and as such the ends of justice would be defeated. The appeal filed by the revisionist was also dismissed by the Sessions Judge, Agra mainly on the ground that the release of the revisionist would defeat the ends of justice and also on the ground that the cases of honour killing have become rampant in the society these days. The learned Sessions Judge placed reliance on the case of Nangu alias Ram Kumars/. State of U.P., 2007(1) JIC 701, which was a case of rape on a six years old girl and this Court thought it proper not to release the person, who was alleged to have committed the rape on the minor girl.
(3.) IN view of the fact that the revisionist is a juvenile, his bail prayer is liable to be considered in accordance with Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000 (in short 'the Act'), which provides: "Section 12: Bail of juvenile.-(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 bail 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 known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. (2) When such person having been arrested is not released on bail under sub- section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub- section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order." A perusal of Section 12 of the Act reveals that a juvenile is entitled to bail notwithstanding gravity of the crime. His bail can be refused only when there are reasonable grounds for believing that his 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.;