- (1.) SHIV Shanker, J. This criminal revision has been preferred against the judgment and order dated 8-3-2006 passed Criminal Appeal No. 4 of 2006, (Ejaj @ Bikanoo v. State) by Special Judge (U. P. Gangsters Act), Varanasi whereby the criminal appeal was dismissed and the order dated 17-12-2005 passed by Pradhan Magistrate, Juvenile Justice Board, Ram Nagar, Varanasi rejecting the bail application of revisionist arising out of Case Crime No. 122 of 2004, under Section 364 IPC, and 7 Criminal Law Amendment Act, P. S. Chakia, District Chandauli was affirmed.
(2.) THE revisionist-accused was challaned in the above case crime. He was declared juvenile by Juvenile Justice Board but his bail application was refused by Board as well as appellate Court. Hence, this revision is filed. Heard learned Counsel appearing for the revisionist and learned A. G. A. and perused the record. It is contended on behalf of the revisionist that there was no previous history against the revisionist except three false cases shown in the F. I. R. /gang Chart. Both the Courts below have given perverse finding on the basis of conjectures and surmises that if the revisionist is released on bail, he will indulge in anti social activities, which is totally illegal and arbitrary. It is further contended that the father of revisionist is ready to give and undertaking that the revisionist will be involved in any crime except if the police will not falsely implicate the revisionist.
(3.) LEARNED A. G. A. has submitted that the impugned judgment and orders passed by the Courts below are according to law. The present revisionist is in judicial custody in case Crime No. 122 of 2004, under Section 364 IPC, and 7 Criminal Law Amendment Act, Police Station Chakia, District Chandauli. After registering the case against the revisionist, no subsequent evidence was received by the Courts below except the facts mentioned in the First Information Report. It has been provided in Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 that bail application of juvenile shall be allowed by the Board except on the following grounds: (1) If there appear reasonable grounds available believing that the release is likely to bring his into associations with any known criminal. (2) Or expose may to moral, physical, psychological danger. (3) Or that his release would defeat the ends of justice.;