GOLU MASIH @ ABHISHEK MASIH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionist in the present revision is a juvenile in conflicting with law. He is involved in an F.I.R. No. 192 of 2015, under Sections 377/506 of I.P.C., Section 3/4 of Protection of Children from Sexual Offence Act and 3(i)(iii)(x) SC/ST Act, Police Station Bajpur, District Udham Singh Nagar.

(2.) It has been alleged in the FIR that the revisionist committed a sexual offence with a six years old child of the complainant and hence the First Information Report has been filed against him under the aforesaid sections. The revisionist, being a juvenile, moved a bail application before the Juvenile Justice Board, Rudrapur, District Udham Singh Nagar, which was rejected vide order dated 12.08.2015. Aggrieved by the said order, the revisionist preferred an appeal before the learned IIIrd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, which was also rejected vide order dated 28.08.2015.

(3.) In view of this Court both the courts below have not appreciated the provision of law, which ought to have considered while considering the bail application of a juvenile. The bail application of a juvenile has to be considered in view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which reads as under:-