CHHOTU BABU Vs. STATE OF C G

JUDGEMENT

(1.) A short question arises for consideration in these two Miscellaneous Applications as to what is meant by using phraseology "reasonable grounds for believing" in Sub-section (1) of Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000 (hereinafter referred to as the Act)?

(2.) THE brief facts are that the Applicant is a "juvenile", aged about 13 years. He has been arrested in connection with Crime Nos. 398/2003 and 399/2003 both registered under Sections 147, 148, 149, 307, 302, 326-and 460 of the I.P.C. and Section 25 & 27 of the Arms Act at Police Station Mahasarmind, Distt. Mahasamund (C.G). He is in custody since 11.6.2005 and two Criminal Cases vide No. 218/2005 and 219/2005 are pending before the Juvenile Justice Board, Raipur, under the aforementioned sections of the I.P.C. and the Arms Act. Two applications for grant of bail in both the criminal cases were filed on behalf of Applicant, which were considered by the Board on 26.7.2005 and the Board rejected both these applications on the ground that in case the Applicant is released on bail, there is a possibility that he may be exposed to physical or psychological danger. THE Board passed the aforesaid orders stating that since two incidents took place on the same day and along-with the Applicant, other family members have also been arrested, therefore, the complainant party may cause some serious incident against the juvenile.

(3.) I have heard learned Counsel for the parties at length and have also perused the orders passed by the Sessions Court as well as the Board.