Arvind Kumar Tripathi, J. - (1.) THE present criminal revision has been filed against the order dated 9.7.2008 passed by Sessions judge, Allahabad in Criminal Ap peal No. 128/2008, Rajendra Kumar Singh v. State of U.P. dismissing the criminal appeal under section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000, arising out of the order dated 28.5.2008 passed by the Juvenile Justice Board, Allahabad whereby rejected the bail application of revisionist in Case Crime No. 87/2008, under sections 376, 504, 506 IPC and 3(1) (xii) of the SC/ST Act, 1989, P.S. Nawabganj, District, Allahabad.
(2.) HEARD learned Counsel for the revisionist, learned AGA and perused the record. Learned Counsel for the revision ist submitted that the juvenile was falsely implicated and the girl was major. Even if there was some physical relation, it appears that she was consenting party because complaint was made after about 5-6 months. Even according to prosecution case, there was continuous physical rela tion of the revisionist and the prosecutrix. Apart from the merit of the case, as per report of the Probation Officer there was neither any criminal history of the revision ist nor he was in contact of any unsocial element. He further submitted that he is in jail since 7.4.2008. In view of the aforesaid facts, considering the provision of section 12 of the Juvenile Justice Act in the interest of justice and considering the welfare of the juvenile revisionist, he is entitled for bail.
(3.) ACCORDINGLY, revision is allowed. Let the juvenile revisionist Rajen dra Kumar Singh Chauhan be released on bail in Case Crime No. 87/2008, under sec tions 376, 504, 506 IPC and 3(1) (xii) of the SC/ST Act, P.S. Nawabganj, District Alla habad in custody, supervision and care of his father Sri Raj Kumar Singh @ Bhullur Chauhan on furnishing requisite bond and sureties to the satisfaction of the Juvenile Justice Board with the following conditions. The Juvenile shall be produced be fore the Court concerned as and when re quired by the Juvenile Justice Board or the Court concerned as the case may be. He will be kept in care and supervision so he may not repeat any offence or come to contact with the anti-social elements. It will be seen that he will be prevented from taking any drugs or intoxicant and further there would be an appropriate arrange ment for his proper care.;