MASTER NIKU CHAUBEY Vs. STATE

JUDGEMENT

(1.) (Oral) - This revision petition is directed against the order dated 03.03.2006 passed by the Additional Sessions Judge, Fast track Court, Rohini, Delhi. By virtue of the said order, bail had been refused to the juvenile, Master Niku Chaubey on the ground that the release of the juvenile on bail is likely to bring him into association of bad company and expose him to moral and psychological danger.

(2.) It is well-settled that in the case of a juvenile, in terms of Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the said Act'), it is mandatory for the court to grant bail to such juvenile notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force. However, he shall not be so released if there appears to be a reasonable ground for believing that the release is likely to bring him in the association of any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(3.) An examination of the Social Investigation Report shows that the juvenile in question belongs to a religious family. It also discloses that the juvenile's family appears to be genuine towards maintaining discipline at home and that the juvenile was also properly responding to such discipline. The juvenile's father (Shri Ravish Chaubey), who is a Pujari in the Shri Ram Mandir, Ashok Vihar, New Delhi is present. It is obvious that he is interested in maintaining high moral and religious discipline in his family and he has given all assurance to this court that he will took after his son in case his son is released on bail so that his son does not fall in the company of any bad elements.