ANKIT UPADHYAYA Vs. STATE OF C G

JUDGEMENT

(1.) THIS Criminal Revision has been preferred by the applicants against order dated 28-12-2011 passed by the Third Additional Sessions Judge, Bilaspur in Criminal Appeal No. 355/2011, dismissing the appeal preferred by the applicants assailing order dated 16-11-2011 passed by Principal Magistrate, Juvenile Justice Board, Bilaspur in Criminal Case No. 220/2011.

(2.) CASE of the prosecution, in brief, is as under :- Between 5-9-2011 at about 5.00 p.m. to 7-9-2011 at about 3.30 p.m., the applicants committed murder of one Iliyas @ Raja near Kori Dam Kota by means of club. Merg intimation No. 94/11 was recorded in Police Station, Kota. After merg investigation, regular FIR No. 297/11 for offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code was registered against the applicants and charge-sheet was filed against the applicants before Juvenile Justice Board, Bilaspur. The applicants filed an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (henceforth "the Act of 2000") before Principal Magistrate, Juvenile Justice Board, Bilaspur for grant of bail, which was rejected by the Board vide order dated 16-11-2011. Being aggrieved by this order, the applicants preferred appeal before Sessions Judge, Bilaspur. The learned Third Additional Sessions Judge, Bilaspur dismissed the appeal by impugned order dated 28-12-2011 on the ground that if the applicants are released on bail, they would be exposed to moral, physical and psychological danger.

(3.) ON the other hand, Mr. Vinay Harit, learned Dy. Advocate General appearing for the State submits that while rejecting the application of the applicants, no illegality has been committed by the Juvenile Justice Board.