- (1.) Heard Shri Atul Kumar, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
(2.) The instant Criminal Revision under Section 397/401 Cr.P.C. has been filed against the judgment and order dated 23.03.2015 passed by the Sessions Judge, Muzaffarnagar in Criminal Appeal No. 19 of 2015 - Sonu Vs. State of U.P., by which the order dated 28.02.2015, passed by the Juvenile Justice Board, Muzaffarnagar under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as 'Act, 2000'), rejecting the bail application of the revisionist, in Case No. 8/11 of 2015 - State Vs. Sonu, arising out of Case Crime No. 557 of 2014, under Sections 460, 411 I.P.C., Police Station - Kandhala, District - Shamli, has been affirmed and revisionist is denied bail.
(3.) Learned counsel for the revisionist contends that: 3.1. It is not in dispute that the revisionist is a juvenile in conflict with law in respect of Case Crime No. 557 of 2014, and is in custody since 03.12.2014. He is entitled to the benefits of the provisions of the Act, 2000. 3.2. Under Section 12 of Act, 2000 prayer for bail of a juvenile can be rejected only 'if there appear reasonable grounds for believing that the release of the juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release wound defeat the ends of justice', while in present case no such grounds are available on record to deny bail to the revisionist. 3.3. Only gravity of the offence is not relevant consideration for refusing grant of bail to the juvenile as has been envisaged in Section 12 of the Act, 2000 and it has been a consistent view of various courts. 3.4. It is further submitted on behalf of revisionist that co-accused Shiv Kumar and Neetu, have been granted bail by the Court below vide orders dated 18.01.2015 and 07.02.2015 (Annexure No. 2 to the affidavit filed in support of this revision) and another co-accused of this case Gaurav, has been granted bail by this Court vide order dated 02.06.2015, passed in Criminal Revision No. 1299 of 2015 - Gaurav Vs. State of U.P., a copy of which has been produced before this Court and same is taken on record.;