B.N. Shukla, J. - (1.) THIS revision has been preferred against the judgment and order dated 2.2.2009 passed by learned Ses sion Judge, Mau in Criminal Appeal No. 94 of 2008, under section 52 of Juvenile Justice (Care and Protection of Children) Act, 2000 (Akash Rai v. State of U.P.) arising against the judgment and order dated 17.12.2008 passed by the Juvenile Justice Board, Mau, P.S. Narahi, District Ballia whereby rejecting the revisionist's bail application.
(2.) HEARD learned Counsel for the revisionist, learned A.G.A. for the State and perused the impugned order. The revisionist has already been declared juvenile by the Juvenile Justice Board. His bail application was rejected merely on the ground that there is evidence on record that the revisionist is a habitual thief and there is reasonable ground for believing that his release is likely to bring him in association with any known crimi nal or expose him to merely physical or psychological danger or that his release would defeat the ends of justice. As per provision of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 except on the ground mentioned therein bail is mandatory to the juvenile. It appears from the judgment and order passed by the Session Judge, Mau that the revisionist is class XIIth students and according to the report of the District Probation Officer, Ballia he has committed crime due to company of bad elements. The District Probation Officer's report is based on no evidence and it appears that simply to make a ground that the revisionist may not be released on bail the report has been submitted. There is nothing on record that after release the revisionist would come in association with any known criminal or exposed him to moral, physical or Psycho logical danger or that of his release would defeat ends of justice. Father of revisionist has given an undertaking about the revi sionist's welfare and education.
(3.) CONSIDERING the entire facts the revisionist is entitled to be released on bail as per provision of the Act. Let the revisionist Akash Rai in volved in case crime No. 135 of 2008, under sections 307, 379 and 411 IPC, P.S. Narahi, District Ballia be released on bail on his furnishing a personal bond of his father with two sureties each in the like amount to the satisfaction of the Principal Magistrate Juvenile Justice Board, Mau and with the undertaking that the welfare of the revi sionist shall be looked into by his father and the revisionist will not come in asso ciation with any anti-social criminals.;