- (1.) RAVINDRA Singh, J. Heard learned Counsel for the revisionist and learned A. G. A.
(2.) THIS revision has been filed by the revisionist Aslam @ Guddu with a prayer to set aside the orders dated 12-4-2007 passed by learned Additional Sessions Judge, F. T. C. No. 4, District Varanasi in Criminal Appeal No. 22 of 2007 and the order dated 9- 3-2007 passed by Juvenile Justice Board, Ram Nagar Varanasi in Case No. 79 of 2005 under Sections 363, 377, 302, 201, I. P. C. , P. S. Jansa, District Varanasi. It is contended by learned Counsel for the applicant that in the present case the revisionist has been declared Juvenile by Additional Sessions Judge, F. T. C. No. 4 Varanasi on 2-2-2007. Thereafter revisionist moved an application for bail before Juvenile Justice Board Ram Nagar Varanasi but the same has been rejected on 9-3-2007 on the ground that release 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 but no material or the substance has been given by the Board for drawing such conclusion. The order dated 9-3-2007 has been challenged by the revisionist by way of filing the Criminal Appeal No. 2 of 2007 the same has been dismissed by learned Additional Sessions Judge, F. T. C. No. 4, District Varanasi on 12-4-2007 on the same ground which has been considered by the Board concerned but the appellate Court has also not given any material or any substance to draw such conclusion. Therefore, the Juvenile Justice Board and the appellate Court have passed illegal orders dated 9-3-2007 and 12- 4-2007 respectively. In reply of the above contention it is contended by learned A. G. A. that applicant is involved in an offence punishable under Sections 363, 377, 302, 201, I. P. C. In case he is released on bail he shall come in the contract of criminals by which his moral and psychological danger shall be exposed. Learned Juvenile Justice Board and the appellate Court have not committed any error in rejecting the bail application of the revisionist.
(3.) CONSIDERING the facts and circumstances made by learned Counsel for the revisionist and learned A. G. A. and from the perusal of the impugned order it appears that neither the Juvenile Justice Board nor the appellate Court have given any reason to draw the conclusion 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 which is required by Section 12 of Juvenile Justice Board (Care and Protection of Children) Act, 2000 for rejecting the bail of juvenile otherwise juvenile is entitled for bail as provided by Section 12 of the Act. In view of the provisions of Section 12 of the Act, the impugned orders dated 9-3-2007 passed by Juvenile Justice Board, Ram Nagar Varanasi in Case No. 79 of 2005 and order dated 12-4- 2007 passed by learned Additional Sessions Judge, F. T. C. No. 4, District Varanasi in Criminal Appeal No. 22 of 2007 are illegal and are liable to be set aside.;