YUNUS (JUVENILE) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionist in the present revision is a juvenile in conflict with law. He is involved in F.I.R. No. 75 of 2019, under Sections 363, 364, 506, 302, 201, 120-B I.P.C., Police Station Khatima, District Udham Singh Nagar.

(2.) An FIR was filed against the revisionist under Sections 363, 364 and 506 I.P.C. Subsequently, Sections 302, 201 and 120-B I.P.C. were added. The revisionist, being a juvenile, moved a bail application, being Bail Application No. 52 of 2019, before Juvenile Justice Board, Rudrapur, District Udham Singh Nagar, which was rejected vide order dated 27.07.2019. Aggrieved by the said order, revisionist preferred Criminal Bail Appeal No. 225 of 2019 before learned Fast Track Court/Additional Sessions Judge/Special Judge, POCSO, District Udham Singh Nagar, which was also dismissed vide judgment and order dated 09.08.2019.

(3.) In view of this Court, both the courts below have not appreciated the provision of law, which ought to have been considered while considering the bail application of a juvenile.