ASHISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS is a 2nd bail application seeking regular bail in Case Crime No. 265 of 2012 (S.T. No. 49 of 2013), under Sections 363, 366 -A, 342, 506 and 376 I.P.C., Police Station Laksar, District Haridwar.

(2.) LEARNED counsel for the applicant submits that when applicant was produced before the Magistrate and judicial remand was sought, a request was made before the learned Magistrate that applicant was juvenile on the date of incident, therefore, he should be dealt as per the provision of Juvenile Justice Act. However, without deciding the question of juvenility as required under Section 7A of Juvenile Justice (Care and Protection of Children) Act, 2000, learned Magistrate sent the applicant in jail. He further contended that at the time of seeking bail again question of juvenility was raised before the Trial Court, i.e. 6th Addl. Sessions Judge, Haridwar. Learned 6th Addl. Sessions Judge, Haridwar, in the order rejecting bail, has specifically observed that date of birth of the applicant was 15.10.1997 and date of incident was 26.09.2012, therefore, on the date of incident, applicant was 14 years 11 months and 11 days old. However, despite this fact, he has rejected the bail application and till date has not passed any order on the question of juvenility.

(3.) LET applicant be enlarged on bail immediately on furnishing personal bond by his father of Rs. 50,000/ - to the satisfaction of the learned A.C.J.M. Laksar that juvenile shall remain in his custody and protection and shall be produced before the Juvenile Justice Board or Court whenever required.