MUKHTAR AHMAD, J. - (1.) SHUBHAM Singh @ Rohit Singh juvenile in conflict with law, has preferred this revision under Juvenile Justice ( Care and Protection of Child) Act 2000, herein after referred to as the Act, against the order dated 15.9.2014 passed by the learned Addl. Sessions Judge, Allahabad in Criminal Appeal No. 159 of 2014 and order dated 1.8.2014 passed by the Juvenile Justice Board in Criminal Case No. 244 of 2014 under Section 302, 201 I.P.C. P.S. Handia, District Allahabad, whereby the application for grant of bail of revisionist has been rejected.
(2.) REVISIONIST is accused in in Criminal Case No. 244 of 2014, under Section 302, 201 I.P.C. P.S. Handia, District Allahabad. He claimed juvenile and Juvenile Justice Board accepted his claim and declared him juvenile vide order dated 27.6.2014, but the bail application moved on his behalf was rejected by the Board vide order dated 1.8.2014. Criminal appeal filed against that order has also been dismissed, as referred above.
(3.) I have heard learned counsel for the revisionist and learned A.G.A. for State. It is contended by learned counsel for the revisionist that he is not a hardened criminal and he has been falsely implicated in the present case. He has been declared juvenile by the Board and as such gravity of the offence should not be made basis for rejecting the bail. In case he is released on bail he will not misuse the liberty of the bail or try to intimidate the witnesses. It is also submitted that the Act has been framed for the betterment of the juvenile and keeping them for a long period inside the jail may cause more harm than good to his mental, physical and psychological condition, therefore the order passed by the Court below has no basis that he will get himself engaged with any known or unknown criminals or to expose him to mental, physical and psychological danger. It is also contended that the revisionist was not named in the F.I.R. and there is no eye witness of the incident and the matter is based upon circumstantial evidence. It is also vehemently argued that the revisionist is an student of Class XIth of National Inter College, Handia, Allahabad and due to his detention his future will be spoiled. On these grounds bail is prayed.;