- (1.) Instant revision has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the order recorded in Cr. Appeal No. 47 of 2010 by which the prayer for bail of the petitioner refused by the Juvenile Justice Board, Garhwa in G.R. No. 354 of 2010 was affirmed and the appeal was dismissed.
(2.) Petitioner is admittedly a juvenile who is in custody since 30.03.2010 for the alleged offence under Sections 385/386/387/120B of the Indian Penal Code pending before the Principal Magistrate, Juvenile Justice Board, Garhwa. Prayer of the petitioner was refused by the Juvenile Justice Board only on the ground that he was involved in another case and there was apprehension that his release would likely to bring him into association with known criminals or would expose him moral, physical and psychological danger. I find that the learned Sessions Judge, Garhwa dismissed the appeal affirming the impugned order of the Juvenile Justice Board on the same ground that the petitioner has already fallen in the hands of the notorious criminals and there was possibility that he would be exposed to moral, physical and psychological danger in case of his release on bail. I find that these grounds are not tenable since no reasonable cause has been given for such apprehension and keeping in view the detention of the petitioner in custody since 30.03.2010, I find his prayer reasonably requires consideration.
(3.) In that view of the matter, the petitioner, Sadam Khan @ Sadam Akbal Khan @ Saddam Khan is directed to be released on executing bail bond of Rs. 15,000/( Fifteen thousand) with two sureties of like amount each to the satisfaction of the Juvenile Justice Board, Garhwa in G.R. No. 354 of 2010 arising out of Garhwa P.S. Case No. 96 of 2010 with the condition that the parents should be the bailor of the petitioner who take care of him and produce the petitioner preferably in the first week of every month before the Juvenile Justice Board till the disposal of the inquiry.;