- (1.) This is a revision against the judgment and order dated 1.11.2007 passed by Special Judge (Prevention of Corruption) Bareilly in Criminal Appeal No. 169 of 2007 (Atul Kumar @ Kuldeep Kumar v. State) filed under Section 52 of Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as the Juvenile Justice Act, and the order dated 4.10.07 of the Juvenile Justice Board, Bareilly whereby the bail application of the revisionist was rejected in case Crime No. 334 of 2004 under Section 376/506 I.P.C. of Police Station Sindhauli of district Shahjahanpur.
(2.) The facts which gave rise to the revision, in brief, are that opposite party No. 2 Veer Pal Singh lodged a report at Police Station Sindhauli, Shahjahanpur with the allegations that his 5 years old daughter Km. Manjani was raped by Atul Kumar in his shop where the girl had gone to buy a bread on 4.10.2004 at 4.00 P.M. On the basis of the report a case under Section 376/506 I.P.C. was registered at the Police Station. Accused revisionist Atul Kumar alias Kuldeep Kumar was declared a juvenile by the High Court by order dated 1.9.2007 passed in Criminal Revision No. 1658 of 2005. After that an application for bail was moved before the Juvenile Justice Board, Bareilly which was rejected by the Board by order dated 4.10.2007. Against that order an appeal was preferred under Section 52 of the Juvenile Justice Act, which too was dismissed and the bail rejection order of the Juvenile Justice Board was affirmed. The above orders of bail rejection have been challenged in this revision.
(3.) I have heard the learned Counsel for the revisionist, and the learned A.G.A. for the State and perused the materials on record.;