DAYASAGAR YADAV ALIAS SAGAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of learned Counsel for the parties, the matter is heard finally.

(2.) This Criminal Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act") is directed against order dated 6-5-2010 passed by the Sessions Judge, Raipur in Criminal Appeal No. 35 of 2010 whereby order dated 21-4-2010 passed by the Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur, rejecting Petitioner's application under of the Act has been confirmed.

(3.) Assailing the correctness and validity of the order dated 21-4-2010 passed by the Juvenile Justice Board and the order passed in appeal by the Appellate Court, learned Counsel for the applicant contended that the rejection of application for grant of bail is wholly illegal. Learned Counsel for the applicant argued that in view of the provisions of Section 12 of the Act, in case of alleged commission of offence by a Juvenile, ordinarily, bail has to be granted and the statutory mandate not to release will operate only when there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.