Pradeep Kumar Srivastava, J. - (1.)Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for the complainant. Perused the record.
(2.)This appeal has been filed by juvenile Santosh against the order dated 13.09.2018 passed by learned VIIIth Additional Sessions Judge/Special Court POCSO Act/Children Court, Budaun in Bail Application No. 2869 of 2018 (Santosh Vs. State of U.P. ), in Case Crime No. 198 of 2018, under section 302, 307, 452 read with section 34 IPC, P.S. Dataganj, District Budaun, by which, bail application of juvenile has been rejected by the learned court below.
(3.)Aggrieved by said order, this juvenile appeal has been filed and the order has been challenged on the basis that same is illegal and has been passed without application of judicial mind and is in violation of principles contained under section 12 of Juvenile Justice Act. There was no report as such that juvenile was in association of his father or he was physically present at the time of incident which defeats the ends of justice. No cogent reason has been recorded while rejecting bail application of juvenile. Therefore, the impugned order is not sustainable under law and is liable to be set aside.