- (1.) VIRENDRA Saran, J. Musey alias Ajay Kumar Yadav has preferred this revision against the judgment and order dated 31-7-97 of Sri N. K. Mehrotra Sessions Judge, Faizabad dismissing the appeal against the order dated 3-5-1997 of the Principal Magistrate Juvenile Court, Faizabad reject ing the Bail application of the applicant.
(2.) THE applicant is involved in case Crime No. 55/97, under Section 376/354/506 I. P. C. of P. S. Khandasa, Faizabad. I have heard learned Counsel for the applicant and the learned Govt. Advocate both of whom agreed that this revision may be disposed of finally at the admission stage. The applicant applied for bail to the Juvenile Court on the ground that he was a juvenile offender but his application was rejected by the learned Magistrate as, in his opinion, it was not a case for bail. The applicant filed an appeal under Section 37 of the Juvenile Justice Act but in appeal too the same view was taken by the learned Sessions Judge.
(3.) UNDER Section 18 of the Juvenile Justice Act, 1986 a Juvenile offender may not be released on bail if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. The courts below have not recorded their satisfaction regard ing the existence of the above circumstan ces. While rejecting bail accordingly, the refusal of bail was not in accordance with law. The revision is hereby allowed. The order passed by the court below is set aside and it is directed that the applicant shall be released on bail by the Learned Magistrate,juvenile Court,faizabad after completing the formalities under the Juvenile Justice Act. Copy of the order may be given to learned Counsel on payment of necessary charges as early as possible. Revision allowed. .;