AJAY SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Revision is preferred against the judgment and order dated 21.08.2020 passed by learned Juvenile Court/F.T.C./Additional Sessions Judge/Special Judge, POCSO, Udham Singh Nagar in criminal bail appeal no.134/2020, Ajay Singh @ Ajay Kumar vs. State of Uttarakhand, whereby, appeal preferred on behalf of the revisionist, against the order dated 27.07.2020 passed by learned Juvenile Justice Board in bail application no.33 of 2020, Ajay Singh @ Ajay Kumar vs. State of Uttarakhand (FIR No.210/2020, under Sections 364, 302 & 201 of IPC), P.S. I.T.I., District Udham Singh Nagar, has been dismissed.

(2.) Learned counsel for the revisionist submitted that revisionist was arrested in connection with FIR No.210 of 2020, relating to offence punishable under Sections 364, 302 & 201 of IPC. He submitted that the revisionist is in juvenile custody since 17.07.2020. The revisionist moved bail application before the Juvenile Justice Board, but the same was dismissed vide order dated 27.07.2020. Learned counsel for the revisionist argued that the order passed by the Juvenile Board is incorrect.

(3.) Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, provides that when any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.