Mahesh Chandra Sharma, J. - (1.) THIS revision petition has been filed by the petitioner under Section 53 of the Juvenile Justice (Case & Protection of Children) Act, 2000 (for short 'the Act') read with Sections 397/401 Cr.P.C. against the order dated 02.02.2010 passed by learned Sessions Judge, Kota dismissing the criminal appeal No. 7/2010 filed by the petitioner against the order dated 25.01.2010 passed by the Principal Magistrate & Juvenile Justice Board, Kota in relation to FIR No. 292/2009 registered at Police Station, Mahaveer Nagar, Kota for offence under Sections 147, 148, 149, 341, 323 and 302 IPC whereby the application filed by the petitioner under Section 12 of the Act has been rejected. Brief facts of the case are that on the basis of the complaint submitted by the complainant, a case for offence under Sections 147, 148, 149, 341, 323 and 302 IPC was registered at Police Station Mahaveer Nagar, Kota vide FIR No. 292/2009. Thereafter the petitioner moved his bail application before the Principal Magistrate & Juvenile justice Board, Kota but the same was rejected vide order dated 25.01.2010.
(2.) AGAINST the said order of the Principal Magistrate & Juvenile Justice Board, Kota, the petitioner filed an appeal before the learned Sessions Judge, Kota which has also been dismissed vide order dated 02.02.2010. Against the said order, this revision petition has been preferred. In this revision petition, Mr. Ansari, learned counsel for the petitioner has placed reliance upon the orders passed by this Court in S.B. Criminal Revision Petition No. 895/2008, Rakesh v. State of Rajasthan and in the case of co -accused Deepak Singh (S.B. Criminal Revision Petition No. 1578/2009, decided by this Court on 4.2.2010). In the above cited matters, benefit of bail to the accused persons has been extended. The submission of the learned counsel for the petitioner is very simple that the case of the present petitioner since not distinguishable to that of accused persons Rakesh and Deepak Singh, he may also be extended the benefit of bail.
(3.) LEARNED P.P. though opposed the revision petition but could not controvert the factual position of granting bail to co -accused persons.;