- (1.) HEARD learned counsel for the parties and learned A.G.A for the State. This revision application has been preferred under section 53 of the Juvenile Justice( Care and Protection? of Children) Act, 2000 against the order dated 18.4.2012 passed by the Additional Session Judge, Court No.5, Jhansi, in Crl. Appeal No. 6 of 2012, and the order dated 24.1.2012 passed by the Juvenile Justice Board,District Jhansi, whereby the application of the revisionist? for bail under sections? 396,302,120-B I.P.C and section 41/411 I.P.C, Case Crime No.101 of 2011,Police Station? Punch, District Jhansi, has been rejected. ?The contention of the counsel for the revisionist? is that admittedly? the revisionist was juvenile on the date of? the incident. It has been contended? that under section? 12 of? Juvenile? Justice Act,? the bail application? of juvenile? can be rejected only on the following? grounds:- (a) that there are? 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 (b) that his release would defeat the ends of justice.
(2.) IT has been contended? that? in the instant case, the District Probation Officer in his report had not indicated any material on the basis of? which? the aforesaid grounds could be? inferred to reject? the bail? application.? It has further been submitted that the other co-accused persons namely Kalloo Pal, Subhash Chandra Rathore, and Pramod Rajpoot have been granted bail by this Court in Bail Applications No. 25071/2011, 31134/11,31921/11 vide its orders dated? 20.9.2011, 17.11.2011 and 25.11.2011 respectively.? Considering the facts and circumstances of the case, I am of the view that as there was no adverse report by the Jail Superintendent, District Prison, Jhansi as also? by the District Probation Officer, Auraiya, on which? a bail application of a juvenile? could be rejected, therefore,? the rejection of the bail application? of the revisionist was not justified in law.? Moreover, as the other co-accused? persons have been enlarged on bail,? I am of the view thalt the revisionist? is also entitled? to? be released on bail. Accordingly, the? revision application is allowed.? The order dated? 18.4.2012 passed by the? Additional Session Judge, Court No.5, Jhansi, in Crl. Appeal No.6 of 2012 as also the order dated 24.1.2012 passed by the Juvenile Justice Board, District? Jhansi, in Case Crime No. 101 of 2011 is hereby set aside. Let revisionist-Anshu Yadav @ Pintu Kumar be enlarged on bail, in Case Crime No. 101 of 2011, under Sections 396,302, 120-B and 41/411 I.P.C, Police Station Punch,? District-Jhansi on? furnishing a personal bond by the father of the revisionistAnshu Yadav @ Pintu Kumar and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board to the effect that he will not come into contact with other offenders.;