- (1.) -THIS revision application is directed against the order dated 27. 7. 2007 passed in Criminal Appeal No. 67 of 2007 whereby learned Sessions Judge affirmed the order dated 5. 6. 2007 passed by juvenile Justice Board, Ranchi wherein prayer for bail of the petitioner was rejected. Learned Counsel appearing for the petitioner submits that a case was instituted under Section 302 of the Indian Penal Code against the petitioner and one Santosh kumar Goswami on the allegation that santosh Kumar Goswami came to the studio of the deceased and asked for his photograph and the same was given but the said santosh Kumar Goswami gave Rs. 10 less which was not accepted by the deceased and then Santosh Kumar Goswami left the studio by extending threat and subsequently the said Santosh Kumar Goswami along with this petitioner came to the studio of the deceased and the Santosh Kumar goswami fired shot from point blank range resulting into his death and thereupon petitioner was arrested on 7. 11. 2006 and on production when it appeared to the Court that he may be less than 18 years, his case was referred to the Juvenile Justice Board, ranchi and then Juvenile Justice Board on holding enquiry did find that the petitioner is a juvenile but the prayer for bail of the petitioner was rejected and when the appeal was preferred, the order refusing bail was affirmed on the ground that release of the petitioner would bring him in association with the criminals and the petitioner would be exposed to moral, physical and psychological danger though nothing was there before the Court to come to the conclusion that release of the petitioner would bring him in association with the criminal, rather a report submitted by the Probation officer would indicate that the petitioner hails from a very good family and in that view of the matter, there is absolutely no likelihood for the petitioner coming in association with the criminal if he is released on bail.
(2.) HAVING heard learned counsel appearing for the parties and on perusal of the record, I do find sufficient force in the submission advanced on behalf of the petitioner. There does not appear to be any material before the courts below for forming an opinion that release of the petitioner would bring him in association with the criminals. Accordingly, the order passed on 27. 7. 2007 is hereby set aside and the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand)with two sureties of the like amount each to the satisfaction of Juvenile Justice board, Ranchi in Dalgonganj Sadar (Town)PS Case No. 403 of 2006 corresponding to gr No. 1557 of 2006, on filing affidavit by the father of the petitioner stating therein that he will not allow the petitioner to come with the association of any criminal.
(3.) IN the result, this application is allowed. Petition allowed.;