RAMESH SINHA,J. - (1.) HEARD Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
(2.) THE time was granted to the learned AGA to file counter affidavit in the matter but till date no counter affidavit has been filed. This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') has been preferred by Veer Bahadur alias Babalu, S/o Shiv Poojan Yadav, R/o-village Bairgarh (Bairath,) Police Station-Chakarghatta, District-Chandauli for release on bail in Case Crime No.? 31 of 2010, under Sections 376, 468, 471 I.P.C., Police Station-Chakarghatta, District-Chandauli. For seeking desired relief, the revisionist has challenged the impugned order dated 25.10.2011 passed by the Juvenile Justice Board, Chandauli and the order dated 13.12.2011 passed by the Additional Sessions Judge/Special Judge, Chandauli in Criminal Appeal No. 40 of 2011, Veer Bahadur alias Babalu Vs. State of U.P. By the aforesaid orders, Juvenile Justice Board and the appellate court both have refused to release the revisionist on bail for the aforementioned offence. It has been contended by the learned counsel for the revisionist that the revisionist is a minor boy aged about 17-1/2 years and being a juvenile he is entitled to bail and the exceptions made under Section 12 of the Act for not granting bail to the revisionist has been misinterpreted by both the courts below though there was no such material before it.
(3.) FROM a perusal of the impugned orders passed by both the courts below, it appears that the bail application of the revisionist has been rejected on the basis of the report of the Probation Officer wherein it has been stated that there appears reasonable ground for believing that the release of the revisionist 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. Further it has been stated that the revisionist, who is a juvenile is not of good character. It has been further observed by the courts below that the accused-revisionist along with other co-accused has committed the crime. It is significant to note that the gravity of the offence or its seriousness along, divorced from above exceptional reasons, has not been taken as a rider by the legislature to deny bail to a juvenile in conflict with law. His family is a respectable family as he belongs to a family of farmers and the family of the revisionist is also having a good reputation in the village and surrounding areas being a very simply family of the locality. Since the revisionist is juvenile and there is no report of his having any criminal proclivity or association with criminals, it could not have been concluded that his release will defeat ends of justice and he will keep associations with criminals after being released on bail and hence be denied bail. Bail to a juvenile cannot be refused in an uncared for manner on conjectures and surmises which should be in accordance with Section 12 of the Act. There was total absence of material and no reasonable ground existed for believing that after being released on bail, revisionist likely to come in association with known criminals or expose him to moral, physical and psychological danger. The ends of justice will be defeated by granting him bail is based on no material and are conjectural and hypothetical. On the other hand what unerringly transpires from the F.I.R. allegation is that an F.I.R. was lodged on 07.11.2010 by one Bachau against Veer Bahadur alias Babalu and others with regard to offence alleged to have been committed by the revisionist and the F.I.R. was registered for offences under section 376, 468, 471 I.P.C, Police Station-Chakarghatta, District-Chandauli. The statement of Km. Savita was recorded on 23.11.2010 by the Investigating Officer under Section 164, Cr.P.C. in which she has made allegations against the revisionist along with other co-accused persons to have committed the aforesaid crime.;