JAYPRAKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) PRESENT revision petition has been filed against the order dated 22.10.2011 passed by the Sessions Judge, Korea (Baikunthpur) in Criminal Appeal No. 130/2011 dismissing the appeal preferred by the applicant assailing the order dated 28.09.2011 passed by the Principal Magistrate, Juvenile Justice Board, Baikunthpur, District Korea in Criminal Case No. 52/2011.

(2.) FACTS of the case in brief are that on 26.8.2011 the applicant is alleged to have kidnapped one Babu alias Yuvraj Singh aged about one and half year at the relevant time. Undisputedly, the applicant is minor aged about 16 years. The applicant filed an application before the Principal Magistrate/President, Juvenile Justice Board, Korea (Baikunthpur) under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act of 2000") for grant of bail which was rejected on the ground that as the applicant is involved in commission of the serious offences and that his father is also having a criminal record against him, he is not entitled for bail. Order of the Magistrate was assailed by the applicant by way of appeal before the Sessions Judge, Korea (Baikunthpur) which has been dismissed by the order impugned mainly on the ground that father of the accused/applicant also have criminal background and as many as 14 cases are pending against him and that if the applicant is released on bail, ends of justice would be defeated and there is every possibility of his coming into contact with known criminals.

(3.) COUNSEL for the respondent/State however submits that the application and the appeal of the applicant have rightly been rejected by the Courts below.